Created by Fuzzy Cloud

Bombay High Court

ICICI LOMBARD INSURANCE CO LTDversusGAULANBAI SIDDHARTH KOLTE AND OTHERS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court granted a stay of execution of the impugned judgment and award until the appeal is decided.

Summary

ICICI Lombard General Insurance Co Ltd filed an application seeking a stay of execution of the impugned judgment and award in a civil suit. The applicant asserted that the entire amount awarded had already been deposited with the court. The learned counsel for the applicant requested that the judgment be stayed pending the outcome of the appeal. The bench, after considering the submission, ordered that the judgment and award be stayed until the appeal is decided. The application was thereafter disposed of.

Issues considered

  • Whether a stay of execution should be granted pending the pendency of the appeal

Subjects

  • stay of execution
  • appeal
  • insurance
  • civil procedure
  • judgment suspension

Judgment

2026:BHC-AUG:13338
                                                                         918.2.CA.12329.2025



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                CIVIL APPLICATION NO. 12329 OF 2025
                                                IN
                              FIRST APPEAL (STAMP) NO. 31847 OF 2025

          ICICI Lombard General Insurance Co Ltd            ...Applicant
                Versus
          Gaulanbai Siddharth Kolte and Others              ...Respondent
                                           ***
          Mr. Abhijit Choudhari, Advocate for the Applicant
          Mr. Bharat N Gadegaonkar, Advocate for Respondent Nos.1 and 5
          Mr. Narayan Y. Chavan, Advocate for Respondent No.6.
                                           ***
                                         CORAM : SANJAY A. DESHMUKH, J.
                                         DATE : MARCH 27, 2026
          PER COURT :

          1.                 This is an application seeking stay to the execution and

          operation of the impugned judgment and award.


          2.                 The learned counsel for the applicant / appellant submits

          that the entire amount as per the impugned judgment and award is

          deposited in this Court.


          3.                  In view of the above, there shall be stay to the impugned

          judgment and award till the pendency of the appeal. The application is

          disposed of.


                                                         ( SANJAY A. DESHMUKH, J. )



          Shrikant Malani                                                       Page 1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.