Bombay High Court

UNITED INDIA INSURANCE COMPANY LTD AURANGABADversusSHUBHAM SHARADRA KALE AND OTHERS

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

Holding

The court held that condonation of delay, partial withdrawal of the deposited amount, and a stay of execution are permissible where justified by the facts and in the interest of justice.

Summary

The High Court of Bombay entertained three civil applications arising from a dispute between United India Insurance Company Ltd and Shubham Sharadra Kale et al. The first application sought condonation of a 95‑day delay in filing a first appeal, which the court allowed in the interest of justice. The second application requested permission to withdraw 60% of the amount deposited under the impugned judgment and award, which the court partly allowed subject to an undertaking. The third application prayed for a stay of execution of the judgment and award, and the court granted the stay based on the fact that the award amount was already deposited. The court disposed of each application after granting the respective reliefs. The proceedings also included a notice for the first appeal, with the respondent waiving service of notice.

Issues considered

Whether a delay of 95 days in filing a first appeal can be condoned.
Whether the applicants may withdraw a portion of the amount deposited under the judgment and award.
Whether a stay of execution of the impugned judgment and award should be granted.

Subjects

condonation of delay
withdrawal of deposit
stay of execution
civil application
insurance compensation
judgment award

Judgment

2026:BHC-AUG:4561


                                                                        76-ca-11197-2025
                                                     -1-

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD
                                 CIVIL APPLICATION NO. 11197 OF 2025
                                          IN FAST/30737/2025
                           United India Insurance Company Ltd Aurangabad
                                               VERSUS
                                 Shubham Sharadra Kale And Others
                                                  ...
                Mr. M. R. Deshmukh, Advocate for Applicant
                Mr. B. S. Dhawale, Advocate for Respondent nos.1 to 3
                                                WITH
                    CIVIL APPLICATION NO. 982 OF 2026 IN FAST/30737/2025
                                                WITH
                   CIVIL APPLICATION NO. 11198 OF 2025 IN FAST/30737/2025

                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATED : 02ND FEBRUARY, 2026

                PER COURT :-

                CIVIL APPLICATION NO. 11197 OF 2025

                1.           This is an application for condonation of delay of 95 days

                caused for filing of First Appeal.

                2.           Perused the Application. Heard learned Advocates for both

                the sides.

                3.           Considering the reasons stated in the application and the

                period of delay, it would be proper to allow the application in the

                interest of justice. Hence, the following order:

                                                  ORDER

                      a.          Civil Application is allowed.
                      b.          Delay of 95 days caused for filing of First Appeal is
                                  condoned.
                      c.          Civil Application is disposed of.
                                                         76-ca-11197-2025
                                    -2-

CIVIL APPLICATION NO. 982 OF 2026

1.           This is an application for permission to withdraw the

amount deposited in this Court under the impugned judgment and

award.

2.           Perused the application. Heard learned Advocates for both

the sides.

3.           Learned Advocate for the respondents submitted that the

learned Tribunal has awarded exorbitant amount of compensation

without giving cogent and acceptable reasons. He therefore submitted

to reject the application.

4.           Upon perusal of the application and the award and after

considering the objections, it would be proper to allow the application

partly. Hence, the following order:

                                  ORDER

      a.          Civil Application is partly allowed.

      b.          Applicants are permitted to withdraw the 60%
      amount alongwith accrued interest thereon deposited
      under the impugned judgment and award on furnishing
      usual undertaking to the satisfaction of the learned
      Registrar (Judicial) of this Court.

      c.          Civil Application is disposed of.
                                                           76-ca-11197-2025
                                      -3-

CIVIL APPLICATION NO. 11198 OF 2025

1.           This is an application for stay to the execution and operation

of the impugned judgment and award.

2.           Perused the application. Heard learned Advocates for both

the sides.

3.           Learned Advocate for the appellant/Insurance Company

submitted that the entire award amount under impugned judgment

and award is deposited in this Court.

4.           Considering the above fact, it would be proper to allow the

application and is allowed in terms of prayer clause ‘B’.

5.           Civil Application is disposed of.


FIRST APPEAL ST. NO.30737 OF 2025

1.           Issue notice to the respondents, returnable on 16.03.2026.

Learned Advocate Mr. B. S. Dhawale waives service of notice for

respondent nos.1 to 3.

2.           Call Record and Proceedings.



                                                 (SANJAY A. DESHMUKH, J.)

Rushikesh/2026

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