Bombay High Court

DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY LIMITED, DHULE T/H ITS AUTHORIZED OFFICER,versusSMT SUNANDABAI VASANT SHIRSATH AND OTHERS

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

Holding

The court held that the 45‑day delay was condonable and that a stay of execution was warranted pending the appeal.

Summary

The Divisional Manager of United India Insurance Company Ltd. filed an application seeking condonation of a 45‑day delay in filing a first appeal against a judgment and award. The applicant also requested a stay of execution of the impugned judgment, stating that the entire amount had been deposited with the court. The learned counsel for the respondent waived notice, and the court examined the applications. The court, finding the reasons for delay satisfactory, condoned the delay and allowed the appeal to be registered. It also granted a stay of execution of the judgment and award pending the outcome of the appeal. Notices were to be issued, with the matter set for further hearing on 15 July 2026.

Issues considered

Whether a delay of 45 days in filing a first appeal can be condoned under the principles of natural justice and procedural law.
Whether a stay of execution of the impugned judgment and award should be granted pending the appeal.

Subjects

condonation of delay
stay of execution
appeal
civil procedure
insurance
High Court

Judgment

                                       1                                948.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                 948 CIVIL APPLICATION NO. 646 OF 2026
                            IN FAST/777/2026

  DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE COMPANY
           LIMITED, DHULE T/H ITS AUTHORIZED OFFICER,
                                 VERSUS
         SMT SUNANDABAI VASANT SHIRSATH AND OTHERS
                                      ...
Advocate for Applicant : Mr. Swapnil Satyanarayan Rathi.
Advocate for Respondent Nos.1 to 5 : Mr. Madhav M. Bhokarikar.
                                      ...

                                  WITH
                    CIVIL APPLICATION NO. 647 OF 2026
                             IN FAST/777/2026
                                    ...


                                CORAM : SANJAY A. DESHMUKH, J.
                                DATE       :   28th April, 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 45 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.


Application for stay:

4       This is an application seeking stay to the execution of the
                                           2                                 948.odt


      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 15th July, 2026.
      Mr. M. M. Bhokarikar, learned counsel waives notice for respondent
      Nos.1 to 5.


      8     Call for record and proceedings.



                                           [ SANJAY A. DESHMUKH, J. ]
nga

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