Bombay High Court

BRANCH MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO LTDversusSHAIKH SADEK SHAIKH SIKANDAR AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: ABHAY MANTRI

Holding

A stay of the trial court's judgment and award was granted because the appellant had deposited the full compensation and was challenging the decision on substantial questions of law.

Summary

The appellant, Branch Manager of Bajaj Allianz General Insurance Co Ltd, filed an application seeking a stay of the trial court's judgment and award after depositing the full compensation amount with interest in the trial court. The appellant is simultaneously challenging that judgment in a civil appeal, alleging substantial questions of law under grounds II and IV to VIII. The High Court noted that the appellant had complied with the payment requirement and was contesting the decision, thereby justifying a stay to preserve the status quo pending appeal. The Court granted the stay as prayed for in clause ‘B’ of the application. Consequently, the application was allowed and disposed of.

Issues considered

What is the appropriate basis for granting a stay of the trial court's judgment when the appellant has deposited the awarded amount and is pursuing an appeal on substantial questions of law?

Subjects

stay of execution
civil appeal
compensation
interest
trial court judgment
substantial questions of law

Judgment

2026:BHC-AUG:21480


                                                   1                        921stay.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                             CIVIL APPLICATION NO. 5405 OF 2026
                                      IN FAST/13748/2026
                   BRANCH MANAGER BAJAJ ALLIANZ GENERAL INSURANCE
                                               CO LTD
                                              VERSUS
                      SHAIKH SADEK SHAIKH SIKANDAR AND OTHERS
                                                 …
                      Advocate for Applicant : Mr. Deshmukh Mohit Rameshrao
                                                 …

                                                  CORAM : ABHAY J. MANTRI, J.
                                                  DATE : 08TH MAY, 2026

              PER COURT :

              1.           Heard learned Advocate for the Appellant.

              2.           Learned Advocate for the Appellant submitted that pursuant

              to the order passed by the learned trial Court, Appellant has deposited

              entire amount of compensation along with the interest accrued thereon in

              the trial Court on 09.03.2026, in WCFA No. 13/2020 at Beed.

              3.           He further submitted that he is challenging the judgment and

              order passed by the trial Court and he has also drawn my attention to the

              substantial questions of law in the grounds of Appeal memo in ground

              nos. II and IV to VIII.

              4.           Having considered the fact that the said Appellant has

              deposited the entire amount before the learned trial Court as well as he is
                                    2                        921stay.odt


challenging the judgment and order passed by the learned trial Court in

the Appeal, and also raised substantial questions of law, in my view, it

would appropriate to stay the impugned judgment and award passed by

the learned trial Court.

5.           As such, the Application is allowed in terms of prayer clause

‘B’.

6.           Application is disposed of.



                                             ( ABHAY J. MANTRI, J. )




SPC

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