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Bombay High Court

THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO LTDversusBABASAHEB KARBHARI SARBANDE AND ANOTHER

Disposal
Admitted/Allowed/Granted/Rule Absolute

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.
                                            3                                926.odt



      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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