Bombay High Court

The Oriental Insurance Company Ltd., T/h Divisional Manager, NandedversusRajani Bhagwan Athwale and Others

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

Holding

The court condoned the 42‑day delay and granted an ad‑interim stay subject to deposit of the award amount.

Summary

The Oriental Insurance Company filed an application seeking condonation of a 42‑day delay in filing its first appeal, alleging administrative exigency. The court examined the application and found the delay was neither deliberate nor intentional, granting condonation in the interest of justice. The same application also sought an ad‑interim stay of the execution of the impugned judgment and award, conditioned upon the appellant depositing the full award amount with the registry within twelve weeks. The court ordered the delay to be condoned and granted the stay, subject to the deposit condition, with a warning that the stay would be vacated if the deposit is not made. Notices were issued to the respondents, and the applications were disposed of accordingly.

Issues considered

Whether a delay of 42 days in filing the first appeal can be condoned.
Whether an ad‑interim stay of execution should be granted pending deposit of the award amount.

Subjects

condonation of delay
first appeal
stay of execution
civil procedure
insurance

Judgment

                                                  19 CA NO. 2454 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            19 CIVIL APPLICATION NO. 2454 OF 2026
                       IN FAST/4571/2026

 The Oriental Insurance Company Ltd., T/h Divisional Manager,
                            Nanded
                            VERSUS
              Rajani Bhagwan Athwale And Others
                              ...
Mr. Malte Uday Shrikant, Advocate for Applicant
                             WITH
            CIVIL APPLICATION NO. 2455 OF 2026
                      IN FAST/4571/2026
                              ….

                     CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 04.03.2026
PER COURT :-

APPLICATION FOR DELAY

1.          Heard.


2.          This is an application for condonation of delay of 42

days caused in filing the first appeal.


3.          Perused the application.        For the reasons stated

therein, it appears that the delay is occasioned on account of

administrative exigency. Hence, sufficient cause is made out to

condone the delay. The application deserves to be allowed in the

interest of justice as the delay is neither deliberate nor intentional.



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                                    (( 2 ))       19 CA NO. 2454 OF 2026


Hence, the following order:

                               ::ORDER::

a.        Civil Application is allowed.

b.        The delay of 42 days caused in filing the first appeal is

          condoned.

c.        The application is disposed of.


FIRST APPEAL

1.         Issue   notice     to   the    respondents,   returnable           on

24.06.2026.

2.         Call Record and Proceedings.


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 24.06.2026.


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.

                                                                     2 of 3
                                    (( 3 ))     19 CA NO. 2454 OF 2026


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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