Bombay High Court

HDFC ERGO GENERAL INSURANCE COMPANY LTD., LATURversusAMOL RAMRAO NELWADE THROUGH NEXT FRIEND DATTATRAY RAMRAO NELWADE AND ANR.

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

Holding

The court condoned the eight‑day delay in filing the first appeal and granted an ad‑interim stay of execution subject to deposit of the award amount within twelve weeks.

Summary

HDFC Ergo General Insurance Company Ltd. filed a first appeal against a judgment and award but missed the prescribed time limit by eight days. The company applied for condonation of this delay, arguing it was neither deliberate nor intentional. The court examined the application and, finding the reasons satisfactory, allowed the condonation in the interest of justice. The court also entertained an application for an ad‑interim stay of the execution and operation of the impugned judgment and award, subject to the appellant depositing the entire award amount with the registry within twelve weeks. If the deposit is not made, the stay will be vacated. Notices were issued to the respondents, and the applications were disposed of accordingly.

Issues considered

Whether a delay of eight days in filing a first appeal can be condoned under the principles of justice.
Whether an ad‑interim stay of execution of the judgment and award can be granted pending compliance with a deposit condition.

Subjects

condonation of delay
stay of execution
civil appeal
interest of justice
procedural law

Judgment

                                                  927 CA NO. 1918 OF 2026.odt


         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                    BENCH AT AURANGABAD
            927 CIVIL APPLICATION NO. 1918 OF 2026
                       IN FAST/3470/2026

        Hdfc Ergo General Insurance Company Ltd., Latur
                            VERSUS
 Amol Ramrao Nelwade Through Next Friend Dattatray Ramrao
                       Nelwade And Anr.
                               ...
Mr. Deshmukh Mohit Rameshrao, Advocate for Applicant
                             WITH
             CIVIL APPLICATION NO. 1919 OF 2026
                      IN FAST/3470/2026
                              ….

                      CORAM : SANJAY A. DESHMUKH, J.
                        DATE : 17.02.2026
PER COURT :-

APPLICATION FOR DELAY

1.           Heard.


2.           This is an application for condonation of delay of 08

days caused in filing the first appeal.


3.           Perused the application. For the reasons stated therein,

the application deserves to be allowed in the interest of justice as the

delay is neither deliberate nor intentional.     Hence, the following

order:

                               ::ORDER::

a.         Civil Application is allowed.


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                                      (( 2 ))      927 CA NO. 1918 OF 2026


b.          The delay of 08 days caused in filing the first appeal is hereby

condoned.

c.          The application is disposed of.


FIRST APPEAL

.            Issue notice to the respondents, returnable on 09.06.2026.


APPLICATION FOR STAY

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

operation of the impugned judgment and award.


2.         Issue notice to the respondents, returnable on 09.06.2026.


3.         Till then, there shall be ad-interim-stay to the execution and

operation of the impugned judgment and award on condition that

appellant shall deposit the entire amount under impugned judgment and

award with the Registry of this Court within twelve weeks from today.


4.          If the award amount is not deposited within the stipulated

period, ad-interim-stay granted by this Court shall be vacated without

further reference to this Court.



                                   [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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