Bombay High Court
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD THROGH ITS BRANCH MANAGERversusCHAYA RAMESH ZINZADE AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court condoned the nine‑day delay in filing the First Appeal and granted a stay of execution of the impugned judgment and award.
Summary
The applicant filed a civil application seeking condonation of a nine‑day delay in filing a First Appeal, arguing that the delay was not deliberate. The respondent’s counsel appeared and waived service of notice. The court examined the application, found no mala fide intent, and in the interest of justice, allowed the condonation of the delay. A second civil application was filed requesting a stay of execution of the impugned judgment and award, with the applicant stating that the entire amount had already been deposited with the court. Considering the deposit, the court granted the stay of execution. Both civil applications were subsequently disposed of as allowed.
Issues considered
- Whether a nine‑day delay in filing a First Appeal can be condoned.
- Whether a stay of execution of the impugned judgment and award should be granted when the amount is deposited with the court.
Subjects
- condonation of delay
- stay of execution
- first appeal
- civil procedure
- interest of justice
Judgment
2026:BHC-AUG:798
924-ca-13622-2025
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 13622 OF 2025
IN FAST/26424/2025
Chaya Ramesh Zinzade
VERSUS
Nagesh Kundlikrao More
...
Mr. Narayan Yashvantrao Chavan, Advocate for Applicant
Mr. Abhijit Choudhari, Advocate for Respondent no.2
...
WITH
CIVIL APPLICATION NO. 10177 OF 2025
IN FAST/26424/2025
WITH
CIVIL APPLICATION NO. 10178 OF 2025
IN FAST/26424/2025
CORAM : SANJAY A. DESHMUKH, J.
DATED : 08th JANUARY, 2026
PER COURT :-
CIVIL APPLICATION NO. 10177 OF 2025
1. This is an application seeking condonation of delay of 09
days caused in filing the present First Appeal.
2. Perused the application. Heard learned Advocate for both
the sides.
3. On perusal of the application, it appears that delay is not
deliberately caused and the application deserves to be allowed in the
interest of justice. Hence, following order:-
924-ca-13622-2025
-2-
ORDER
a. Civil Application is allowed.
b. Delay of 09 days caused in filing First Appeal is hereby
condoned.
c. Civil Application stands disposed of.
CIVIL APPLICATION NO. 10178 OF 2025
1. This is an application for granting stay to the execution and
operation of the impugned judgment and award.
2. Learned Advocate for the appellant submits that the entire
amount as per the impugned judgment and award is deposited in this
Court.
3. Considering the above fact, it would be proper to allow the
application and the same is allowed in terms of prayer clause ‘B’.
4. Civil Application stands disposed of.
FIRST APPEAL ST. NO.26424 OF 2025
1. Issue notice to the respondents, returnable on 13.02.2026.
Learned Advocate Mr. Abhijit Choudhari waives service of notice for
respondent nos.1 and 2.
2. Call Record and Proceedings.
(SANJAY A. DESHMUKH, J.)
Rushikesh/2025
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