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Bombay High Court

THE NEW INDIA ASSURANCE CO LTD MURUD, THROUGH ITS BRANCH MANAGERversusJYOTI ABA PANDAGALE AND OTHERS

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 30‑day delay in filing the appeal, stayed the execution of the impugned judgment pending the appeal, and permitted withdrawal of 60% of the deposited amount subject to an undertaking, with the balance kept in fixed deposit.

Summary

The applicants filed a first appeal 30 days late and sought condonation of the delay, a stay of execution of the impugned judgment and award, and permission to withdraw the amount they had deposited with the court. The court, after hearing counsel, condoned the delay, ordered a stay of the judgment pending the appeal, and allowed the applicants to withdraw 60% of the deposited amount with interest upon furnishing an undertaking, while the balance was to remain in fixed deposit until the appeal is disposed. Notice was issued for the appeal, which was scheduled to be returnable on 22 April 2026. The respondent waived notice. The applications were disposed of accordingly. The appeal remains pending.

Issues considered

  • Whether a delay of 30 days in filing a first appeal can be condoned.
  • Whether a stay of execution of the impugned judgment and award can be granted pending the appeal.
  • Whether the appellant may withdraw the amount deposited with the court and on what terms.

Subjects

  • condonation of delay
  • stay of execution
  • withdrawal of deposited amount
  • civil appeal
  • interest

Judgment

2026:BHC-AUG:3834


                                                     1                                954.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   BENCH AT AURANGABAD.
                              954 CIVIL APPLICATION NO. 12062 OF 2025
                                         IN FAST/16683/2025

                                JYOTI ABA PANDAGALE AND OTHERS
                                                VERSUS
                         THE NEW INDIA INSURANCE CO. AND ANOTHER
                                                   ...
              Advocate for Applicants : Mr. Yashwant Panditrao Jadhav.
              Advocate for Respondent No.1 : Mr. Sudhir V. Kulkarni.
                                                   ...

                                               WITH
                                 CIVIL APPLICATION NO. 6217 OF 2025
                                         IN FAST/16683/2025

                                               WITH
                                 CIVIL APPLICATION NO. 6218 OF 2025
                                         IN FAST/16683/2025
                                                 ...


                                              CORAM : SANJAY A. DESHMUKH, J.
                                              DATE       :   28th January, 2026.

              P.C.:

              1       Heard the learned counsel for the parties.           Perused the

              applications.



              Application for condonation of delay:

              2       This is an application for condonation of delay of 30 days caused

              in filing the first appeal.


              3       For the reasons stated in the application, the delay stands

              condoned. The application stands allowed in the interest of justice.

              Appeal be registered.
                                     2                                 954.odt




Application for stay:

4     This is an application seeking stay to the execution of the

impugned judgment and award.


5     The learned counsel for the applicant / appellant submits that the

entire amount as per the impugned judgment and award is deposited

in this Court.


6     In view of the above, there shall be stay to the impugned

judgment and award till the pendency of the appeal. The application

stands disposed of.



Appeal:

7     Issue notice to the respondents, returnable on 22 nd April, 2026.

Mr. Y. P. Jadhav, learned counsel waives notice on behalf of

respondent Nos.1 to 3.



Application for withdrawal of amount:

8     This application is for withdrawal of the amount deposited by the

appellant in this Court as per the impugned judgment and award.



9     The learned counsel for the appellant strongly opposes the

application.
                                             3                                 954.odt


      10    For the reasons stated in the application and considering the

      arguments of both the sides, the following order is passed :-



                                       ORDER

           I.    The applicants are permitted to withdraw 60% of the
                 amount out of the amount deposited by the appellant in
                 this Court with accrued interest thereon on furnishing
                 usual undertaking. The remaining amount be kept in
                 fixed deposit in any nationalized bank till disposal of the
                 appeal.

           II.   With this, the civil application for withdrawal of amount
                 stands disposed of.



                                             [ SANJAY A. DESHMUKH, J. ]
nga


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