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 in filing the first appeal and granted a stay of the Tribunal's judgment conditioned upon deposit of the compensation within twelve weeks.

Summary

The High Court of Bombay, Aurangabad Bench, considered two civil applications filed by Tata AIG General Insurance Co. Ltd. The first application (No. 6050 of 2026) sought condonation of a 630‑day delay in filing a first appeal, and the Court found the delay was not deliberate and granted condonation in the interest of justice. The second application (No. 6051 of 2026) requested a stay of the Tribunal's judgment and award, and the Court granted the stay on the condition that the entire compensation amount be deposited within twelve weeks, otherwise the stay would be vacated automatically. The Court ordered that notice be issued to the respondents in the first appeal, with a return date of 09‑09‑2026. Both applications were disposed of, with the first appeal proceeding and the stay order conditioned on compliance. The judgment emphasizes the principles of justice and procedural fairness in granting reliefs.

Issues considered

Whether a delay of 630 days in filing a first appeal can be condoned under the principles of justice.
Whether a stay of the Tribunal's judgment can be granted subject to the deposit of the awarded compensation.

Subjects

condonation of delay
stay of execution
civil application
interest of justice
compensation deposit

Judgment

2026:BHC-AUG:23807


                                                                               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/

Continue reading with your account

Checking your session…