Bombay High Court

CHOLA MS GENERAL INSURANCE COMPANY LTDversusGULAB SOMA SHINDE AND ANR.

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

Holding

The court condoned the delay and granted a stay of execution pending the appeals.

Summary

The applicant filed multiple applications seeking condonation of a 71‑day delay in filing first appeals and a stay of execution of the impugned judgment and award. The court examined the reasons for the delay and, invoking the principle of interest of justice, condoned the delay and allowed the applications. It was shown that the entire amount awarded had been deposited with the court, prompting the court to stay the judgment and award pending the appeals. Notices were issued to the respondents and the appeals were scheduled for hearing. Consequently, the applications were allowed, the delay condoned, and a stay was granted until the appeals are decided.

Issues considered

Whether a delay of 71 days in filing the first appeal can be condoned.
Whether a stay of execution should be granted when the awarded amount is deposited with the court.

Subjects

condonation of delay
stay of execution
civil appeal
interest of justice
deposit of award

Judgment

                                       1                                 976.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                976 CIVIL APPLICATION NO. 10846 OF 2025
                           IN FAST/26867/2025

           CHOLA MS GENERAL INSURANCE COMPANY LTD
                                   VERSUS
               AATIRAM BHATYA CHAUDHARI AND ANR.
                                       ...
Advocate for Applicant : Mr. Abhijit Choudhari.
                                       ...

                                WITH
                 CIVIL APPLICATION NO. 10847 OF 2025
                          IN FAST/26867/2025
                                WITH
                 CIVIL APPLICATION NO. 10848 OF 2025
                          IN FAST/26870/2025
                                WITH
                 CIVIL APPLICATION NO. 10849 OF 2025
                          IN FAST/26870/2025
                                WITH
                 CIVIL APPLICATION NO. 10850 OF 2025
                          IN FAST/26874/2025
                                WITH
                 CIVIL APPLICATION NO. 10851 OF 2025
                          IN FAST/26874/2025
                                  ...


                                CORAM : SANJAY A. DESHMUKH, J.
                                DATE       :   10th April, 2026.

P.C.:

1       Heard the learned counsel for the applicant.           Perused the
applications.



Applications for condonation of delay:

2       These are the applications filed for condonation of delay of 71
days caused in filing the first appeals.
                                           2                                  976.odt




      3     For the reasons stated in the applications, the delay stands
      condoned. The applications stand allowed in the interest of justice.
      Appeals be registered.



      Applications for stay:

      4     These are applications 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 awards till the pendency of the appeals.              The
      applications stand disposed of.



      Appeals :

      7     Issue notice to the respondents, returnable on 30th June, 2026.



                                           [ SANJAY A. DESHMUKH, J. ]
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