Bombay High Court
Kamalbai Ramesh TribhuvanversusReliance General Insurance Co Ltd
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The Court allowed the condonation of delay, granted a stay of execution, and permitted partial withdrawal of the deposited amount, deeming each application justified in the interest of justice.
Summary
The plaintiff, Kamalbai Ramesh Tribhuvan, filed three civil applications before the Bombay High Court, Aurangabad Bench. The first sought condonation of a 44‑day delay in filing a First Appeal, the second requested a stay of execution of the impugned judgment and award, and the third asked permission to withdraw half of the amount deposited by the insurance company along with interest. The Court examined the applications, heard counsel for both parties, and noted that the delay was not deliberate and that the deposited amount was already in the Court. In the interest of justice, the Court condoned the delay, granted a stay of execution, and allowed a partial withdrawal of 50% of the deposited sum subject to an undertaking. All three applications were subsequently disposed of.
Issues considered
- Whether a delay of 44 days in filing a First Appeal can be condoned.
- Whether a stay of execution and operation of the impugned judgment and award should be granted.
- Whether the applicant may withdraw 50% of the amount deposited in the Court with interest.
Subjects
- condonation of delay
- stay of execution
- withdrawal of deposited amount
- civil application
- interest
- judgment enforcement
Judgment
2026:BHC-AUG:681
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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