Bombay High Court

THE UNITED INIDA INSURANCE CO LTDversusSaraswati Murlidhar Gavali Since Deceased Through Legal Heir and others.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The Court held that the delay was not deliberate and may be condoned, and that the Tribunal's award should be stayed pending the appeal.

Summary

The United India Insurance Co Ltd filed two civil applications before the Bombay High Court, Aurangabad Bench, seeking condonation of a 211‑day delay in filing its first appeal and a stay of the award passed by a Tribunal. The Court examined the reasons for the delay and found them non‑deliberate, thereby condoning the delay in the interest of justice. The applicant also asserted that the entire award amount had been deposited, prompting the Court to grant a stay of the impugned judgment and award. Both applications were allowed, with the stay order disposed of as per the prayer clause. The Court also issued notice to the respondents for the first appeal, setting a return date of 17‑04‑2026.

Issues considered

Whether a delay of 211 days in filing a first appeal can be condoned under the Civil Procedure Code.
Whether a stay of the Tribunal's award can be granted pending the appeal.

Subjects

condonation of delay
stay of award
civil procedure
tribunal award
interest of justice

Judgment

2026:BHC-AUG:7569


                                                                             ca10660.25
                                                  -1-


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              953 CIVIL APPLICATION NO. 10660 OF 2025
                                               WITH
                                CIVIL APPLICATION NO. 10661 OF 2025
                                         IN FAST/28756/2025

                                The United India Insurance Co Ltd
                                              VERSUS
                Saraswati Murlidhar Gavali Since Deceased Through Legal Heir and
                                                others
                                                  ...
                Advocate for Applicant : Mr. Suraj R Bagal
                                                  …..

                                     CORAM : SANJAY A. DESHMUKH, J.
                                     DATED : 20th FEBRUARY, 2026

                PER COURT :-


                1.        The civil application No. 10660 of 2025 is filed for

                condonation of delay of 211 days caused in filing the first appeal.



                2.        Perused the application and heard learned advocates for

                both sides.     Considering the reasons stated in the application, it

                appears that the delay caused is not deliberate.        Therefore, the

                application is allowed.    The delay caused in filing the appeal is

                condoned in the interest of justice.



                3.        In so far as civil application No. 10661 of 2025 is

                concerned, the same is filed seeking stay to the impugned judgment

                and award passed by the Tribunal.
                                                             ca10660.25
                                  -2-



4.       Learned advocate for the applicant submitted that entire

amount under award has been deposited by the applicant. In view of

the said statement and considering the peculiar facts of the case, civil

application No. 10661 of 2025 is allowed in terms of prayer clause “B”

and disposed of.



5.       In first appeal, issue notice to the respondents, returnable

on 17.04.2026. Call for record and proceedings.



                                   (SANJAY A. DESHMUKH, J.)

rlj/

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