Bombay High Court
The Oriental Insurance Company LtdversusVilas Bhaskar Jadhav and Anr
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court held that the 194‑day delay is condonable subject to payment of the deficit court fees, and that a stay of execution is warranted as the awarded amount is already deposited.
Summary
The Oriental Insurance Company filed an application seeking condonation of a 194‑day delay in filing its first appeal and a separate application for a stay of execution of the impugned judgment. The court examined the delay, finding it was caused by administrative exigency and not deliberate, and therefore granted condonation subject to payment of the deficit court fees within a week. The stay application was allowed on the basis that the amount awarded had already been deposited with the court. The court ordered that the civil application be allowed, the delay condoned upon fee payment, and the stay granted, after which the applications were disposed. The order also set a deadline for payment of the deficit fees, failing which the condonation would be deemed rejected.
Issues considered
- Whether a delay of 194 days in filing the first appeal can be condoned under the principles of justice.
- Whether a stay of execution of the impugned judgment and award should be granted.
Subjects
- condonation of delay
- civil procedure
- first appeal
- stay of execution
- court fees
- administrative exigency
Judgment
23 CA NO. 7113 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
23 CIVIL APPLICATION NO. 7113 OF 2025
IN FAST/18788/2025
The Oriental Insurance Company Ltd
VERSUS
Vilas Bhaskar Jadhav And Anr
...
Mr. Suraj R Bagal, Advocate for Applicant
WITH
CIVIL APPLICATION NO. 7114 OF 2025
IN FAST/18788/2025
….
CORAM : SANJAY A. DESHMUKH, J.
DATE : 04.03.2026
PER COURT :-
APPLICATION FOR DELAY
1. Heard.
2. This is an application for condonation of delay of 194
days caused in filing the first appeal.
3. Perused the application. For the reasons stated
therein, it appears that the delay is occasioned on account of
administrative exigency. Hence, sufficient cause is made out to
condone the delay. The application deserves to be allowed in the
interest of justice as the delay is neither deliberate nor intentional.
Hence, the following order:
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(( 2 )) 23 CA NO. 7113 OF 2025
::ORDER::
a. Civil Application is allowed.
b. The delay of 194 days caused in filing the first appeal is
condoned, subject to payment of the deficit Court fees
within a period of one week from today. If the Deficit
Court fees is not paid within the stipulated period, the
application shall be deemed to be rejected without further
reference to this Court.
c. The application is disposed of.
FIRST APPEAL
. Issue notice to the respondents, returnable on
24.06.2026.
2. Call Record and Proceedings.
APPLICATION FOR STAY
1. This is an application seeking stay to the execution of the
impugned judgment and award.
2. The learned advocate for the applicant / appellant
submits that the entire amount as per the impugned judgment and
award is deposited in this Court.
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(( 3 )) 23 CA NO. 7113 OF 2025
3. In view of the above, the application is allowed in terms of
prayer clause ‘B’ and disposed of.
[ SANJAY A. DESHMUKH, J. ]
HRJadhav
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