Bombay High Court

NEW INDIA ASSURANCE COM. LTD. THROUGH ITS BRANCH MANAGERversusAMIT RAJEBHAU PANDIT (MINOR) U/G OF HIS MOTHER I.E. INDUBAI AND OTHERS

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

Holding

The court held that the 24‑day delay is condonable as it is not deliberate, and granted an ad‑interim stay conditioned on the deposit of the award amount.

Summary

The applicant, New India Assurance Co. Ltd., filed an application seeking condonation of a 24‑day delay in filing its first appeal and a stay of execution of the impugned judgment and award. The court examined the reasons for the delay and found it was neither deliberate nor intentional, thereby allowing the condonation. It also ordered an ad‑interim stay of the judgment, conditioned upon the applicant depositing the entire award amount with the registry within twelve weeks. If the deposit is not made, the stay will be vacated. The order was pronounced by Justice Sanjay A. Deshmukh of the Bombay High Court, Aurangabad Bench.

Issues considered

Whether a delay of 24 days in filing a first appeal can be condoned.
Whether an ad‑interim stay of execution of the impugned judgment and award should be granted subject to deposit of the award amount.

Subjects

condonation of delay
first appeal
stay of execution
insurance claim
minor plaintiff
civil application
high court

Judgment

                                                   919 CA NO. 5492 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
            919 CIVIL APPLICATION NO. 5492 OF 2026
                       IN FAST/13658/2026

   New India Assurance Com. Ltd. Through Its Branch Manager
                            VERSUS
Amit Rajebhau Pandit (minor) U/g Of His Mother I.e. Indubai And
                             Others
                               ...
Mr. Dinesh D. Daud h/f Mr. Manoj Dharmaraj Shinde, Advocate
for Applicant
                             WITH
              CIVIL APPLICATION NO. 5493 OF 2026
                      IN FAST/13658/2026
                              ….

                    CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 08.05.2026
PER COURT :-

APPLICATION FOR DELAY

1.          Heard learned advocate for the applicant.

2.          This is an application for condonation of delay of 24

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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           b.        The delay of 24 days caused in filing the first appeal
                     is condoned.


FIRST APPEAL

1.           Issue    notice   to   the    respondents,    returnable           on

28.08.2026. 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 28.08.2026.

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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