Bombay High Court
Reliance General Insurance Co LtdversusKamalbai Ramesh Tribhuvan 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, that a stay of execution is appropriate as the amount is deposited, and that the plaintiff may withdraw fifty percent of the deposited amount with interest upon giving a suitable undertaking.
Summary
The plaintiff, Kamalbai Ramesh Tribhuvan, filed three civil applications before the Bombay High Court, Aurangabad Bench, seeking (i) condonation of a 44‑day delay in filing a first appeal, (ii) a stay of execution of the impugned judgment and award, and (iii) permission to withdraw half of the amount deposited by the insurance company with interest. The respondent, Reliance General Insurance Co Ltd, opposed each application. The Court examined whether the delay was deliberate, whether a stay was warranted given that the full amount was already deposited, and whether a partial withdrawal would be just. Finding that the delay was not intentional, that the deposit obviated the need for immediate execution, and that equity favored a partial return, the Court allowed the first two applications and partly allowed the third. Accordingly, the delay was condoned, a stay was granted, and the plaintiff was permitted to withdraw 50% of the deposited sum with accrued interest upon furnishing an undertaking.
Issues considered
- Whether a delay of 44 days in filing a first appeal can be condoned.
- Whether a stay of execution of the judgment and award should be granted when the entire amount is deposited.
- Whether the plaintiff may be allowed to withdraw a portion of the amount deposited with interest.
Subjects
- condonation of delay
- stay of execution
- withdrawal of deposited amount
- civil application
- interest
- judgment enforcement
Judgment
2026:BHC-AUG:682
925-ca-13844-2025
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 13844 OF 2025
IN FAST/29256/2025
Kamalbai Ramesh Tribhuvan
VERSUS
Reliance General Insurance Co Ltd
...
Mr. Syed Moisali Amjedali, Advocate for Applicant
Mr. A. S. Usmanpurkar, Advocate for Respondent no.1
...
WITH
CIVIL APPLICATION NO. 11077 OF 2025 IN FAST/29256/2025
WITH
CIVIL APPLICATION NO. 11078 OF 2025 IN FAST/29256/2025
CORAM : SANJAY A. DESHMUKH, J.
DATED : 08th JANUARY, 2026
PER COURT :-
CIVIL APPLICATION NO. 11077 OF 2025
1. This is an application seeking condonation of delay of 44
days caused in filing the present First Appeal.
2. Perused the application. Heard learned Advocate for both
the sides.
3. Learned Advocate for the respondent no.1 strongly objected
the application and prayed to reject the same.
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:-
925-ca-13844-2025
-2-
ORDER
a. Civil Application is allowed.
b. Delay of 44 days caused in filing First Appeal is hereby
condoned.
c. Civil Application stands disposed of.
CIVIL APPLICATION NO. 11078 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.
4. Civil Application stands disposed of.
CIVIL APPLICATION NO. 13844 OF 2025
1. This is an application for permission to withdraw the
amount deposited by the Insurance Company in this Court as per the
impugned judgment and award.
2. Perused the application. Heard learned Advocates for both
the sides.
3. Learned Advocate for the respondent strongly opposed the
application and prayed to reject the application.
925-ca-13844-2025
-3-
4. Considering the peculiar set of the facts, the application
deserves to be partly allowed in the interest of justice. Hence, the
following order:
ORDER
a. Civil Application is partly allowed.
b. Applicants are permitted to withdraw 50%
amount deposited in this Court alongwith interest
accrued thereon on furnishing usual undertaking to the
satisfaction of the learned Registrar (Judicial) of this
Court.
c. Civil Application stands disposed of.
(SANJAY A. DESHMUKH, J.)
Rushikesh/2025
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