Bombay High Court

Tata AIG General Insurance Co. Ltd. through its Authorized SignatoryversusSudamati Laxman Aare and Others

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

Holding

The Court condoned the delay as non‑deliberate and granted a stay of the Tribunal's award conditioned upon the plaintiff depositing the full compensation within twelve weeks.

Summary

The plaintiff, Tata AIG General Insurance Co. Ltd., filed two civil applications before the Bombay High Court, Aurangabad Bench. Application No. 6050 sought condonation of a 630‑day delay in filing its first appeal, arguing the delay was not deliberate. The Court, after hearing the applicant's counsel, accepted this explanation and allowed the condonation in the interest of justice. Application No. 6051 requested a stay of the Tribunal's impugned judgment and award, conditioned on the plaintiff depositing the full compensation amount within twelve weeks. The Court granted the stay subject to that deposit, stipulating that the stay would automatically vacate if the condition was not met, and disposed of the stay application. The Court also issued procedural directions for the first appeal, including notice to respondents and a return date.

Issues considered

Whether a delay of 630 days in filing the first appeal can be condoned.
Whether a stay of the Tribunal's judgment and award should be granted subject to the deposit of compensation.

Subjects

condonation of delay
stay of execution
civil procedure
insurance
tribunal award

Judgment

2026:BHC-AUG:23806


                                                                               ca6050.26
                                                   -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             941 CIVIL APPLICATION NO. 6050 OF 2026
                                              WITH
                             CIVIL APPLICATION NO. 6051 OF 2026941
                                        IN FAST/13889/2026

                     Tata AIG General Insurance Co. Ltd. Through Its Authorized
                                               Signatory
                                               VERSUS
                                 Sudamati Laxman Aare And Others
                                                   ...
                 Advocate for Applicant : Mr. Rohit H. Dahat
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 17th JUNE, 2026

                 PER COURT :-


                 1.        The civil application No.6050 of 2026 is filed for

                 condonation of delay of 630 days caused in filing the first appeal.

                 Perused the application and heard learned advocate for the

                 applicant. Considering the reasons stated in the application, it

                 appears that the delay caused is not deliberate.       Therefore, the

                 application is allowed.    The delay caused in filing the appeal is

                 condoned in the interest of justice.



                 2.        In so far as civil application No. 6051 of 2026 is concerned,

                 the same is filed seeking stay to the impugned judgment and award

                 passed by the Tribunal. Perused the application.       Heard learned

                 advocate for the applicant.     Considering the peculiar facts of the
                                                             ca6050.26
                                    -2-

case, stay is granted subject to deposit of entire amount of

compensation within twelve (12) weeks from today. If the amount is

not deposited within the aforesaid period, the stay shall stand

vacated automatically without further reference to the court. In those

terms, civil application for stay is disposed of.



3.        In first appeal, issue notice to the respondents, returnable

on 09.09.2026. Call for record and proceedings.



                                     (SANJAY A. DESHMUKH, J.)

rlj/

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