Bombay High Court
THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO LTDversusBABASAHEB KARBHARI SARBANDE AND ANOTHER
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court condoned the 95‑day delay, stayed execution of the impugned judgment pending the appeal, and allowed withdrawal of 50% of the deposited amount subject to conditions.
Summary
The appellant, Babasaheb Karbhari Sarbande, filed a first appeal 95 days after the impugned judgment and sought condonation of the delay. The appellant also applied for a stay of execution of the judgment and award, claiming the entire amount had been deposited with the court. Additionally, the appellant requested withdrawal of a portion of the deposited amount, which the respondent opposed. The court, considering the interest of justice, condoned the delay, granted a stay of execution pending the appeal, and permitted withdrawal of 50% of the deposited sum with interest, subject to an undertaking, while the balance was to remain in fixed deposit. Notices were issued for the appeal, and the related applications were disposed of accordingly.
Issues considered
- Whether a delay of 95 days in filing the first appeal can be condoned.
- Whether a stay of execution of the impugned judgment and award should be granted pending the appeal.
- Whether the appellant may withdraw part of the amount deposited with the court.
Subjects
- condonation of delay
- stay of execution
- withdrawal of deposited amount
- civil appeal
- interest of justice
Judgment
2026:BHC-AUG:18129
1 926.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
926 CIVIL APPLICATION NO. 4427 OF 2026
IN FAST/27488/2025
BABASAHEB KARBHARI SARBANDE
VERSUS
THE MANAGER BAJAJ ALLIANZA AIRPOT ROAD YERWADA PUNE
...
Advocate for Applicant : Ms. Sakshi Ajeet Kale, h/f Mr. Shriraj Wakale.
Advocate for Respondent No.1 : Mr. M. R. Deshmukh.
...
WITH
CIVIL APPLICATION NO. 10281 OF 2025
IN FAST/27488/2025
WITH
CIVIL APPLICATION NO. 10280 OF 2025
IN FAST/27488/2025
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 23rd April, 2026.
P.C.:
1 Heard the learned counsel for the parties. Perused the
applications.
Application for condonation of delay:
2 This is an application for condonation of delay of 95 days caused
in filing the first appeal.
3 For the reasons stated in the application, the delay stands
condoned. The application stands allowed in the interest of justice.
Appeal be registered.
2 926.odt
Application for stay:
4 This is an application seeking stay to the execution of the
impugned judgment and award.
5 The learned counsel for the applicant / appellant submits that the
entire amount as per the impugned judgment and award is deposited
in this Court.
6 In view of the above, there shall be stay to the impugned
judgment and award till the pendency of the appeal. The application
stands disposed of.
Appeal :
7 Issue notice to the respondents, returnable on 2 nd July, 2026.
Ms. Sakshi Kale, holding for Mr. Shriraj Wakale, learned Advocate
waives notice on behalf of respondent No.1.
8 Call for record and proceedings.
Application for withdrawal of amount:
9 This application is for withdrawal of the amount deposited by the
appellant in this Court as per the impugned judgment and award.
10 The learned counsel for the appellant strongly opposes the
application.
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11 For the reasons stated in the application and considering the
arguments of both the sides, the following order is passed :-
ORDER
I. The applicant is permitted to withdraw 50% of the
amount out of the amount deposited by the appellant in
this Court, with accrued interest thereon, on furnishing
usual undertaking to the satisfaction of the learned
Registrar (Judicial) of this Court. The remaining amount
be kept in fixed deposit in any nationalized bank till
disposal of the appeal.
II. With this, the civil application for withdrawal of amount
stands disposed of.
[ SANJAY A. DESHMUKH, J. ]
nga
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