Bombay High Court
THE NEW INDIA ASSURANCE COMPANY LIMITEDversusBALU VITTHAL DHUMAL AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court may grant an ad‑interim stay of execution of the impugned judgment and award, subject to the appellant depositing the award amount and the requisite court fees within the stipulated time.
Summary
The New India Assurance Company Limited filed a civil application seeking a stay of execution and operation of an impugned judgment and award against Balu Vitthal Dhumal and others. The High Court considered whether it could grant an ad‑interim stay pending further proceedings. The Court ordered that a stay be granted on the condition that the appellant deposits the entire award amount with the Court Registry within eight weeks and also pays the deficient court fees within two days. It further stipulated that failure to comply would result in the stay being vacated without further reference. The application was consequently disposed of after granting the conditional stay.
Issues considered
- Whether an ad‑interim stay of execution of a judgment and award may be granted pending further proceedings
Subjects
- stay of execution
- interim relief
- civil procedure
- court fees
- deposit of award
- high court
Judgment
2026:BHC-AUG:12700
1 924-CA-3418-26-s.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 3418 OF 2026 IN FAST/8598/2026
THE NEW INDIA ASSURANCE COMPANY LIMITED
VERSUS
BALU VITTHAL DHUMAL AND OTHERS
...
Advocate for Applicant : Mr. Ramesh R. Imale
...
CORAM : SANJAY A. DESHMUKH, J.
DATE : 24-03-2026
PER COURT:-
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 19.06.2026.
3. Till then, there shall be ad-interim stay to the execution and
operation of the impugned judgment and award on the condition
that the appellant shall deposit the entire amount under impugned
judgment and award with the Registry of this Court, within eight
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.
5. It is clari;ed that the stay is granted subject to deposit of
de;cit court fees within a period of two seeks from today.
6. The civil application is disposed of.
[SANJAY A. DESHMUKH, J.]
rrd
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