Bombay High Court

Reliance General Insurance through its Legal ManagerversusAnuradha Nilkanth Patil and Ors.

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

Holding

The court condoned the delay in filing the appeal and granted a stay of the Tribunal's judgment subject to the deposit of the full compensation within twelve weeks.

Summary

The plaintiff Reliance General Insurance filed two civil applications: one (No. 7181) seeking condonation of a 62‑day delay in filing its first appeal, and another (No. 7182) seeking a stay of the Tribunal's judgment and award. The court examined the reasons for the delay and, finding no deliberate neglect, condoned the delay in the interest of justice. In the second application, after hearing both sides and considering the peculiar facts, the court granted a stay conditioned upon the plaintiff depositing the entire compensation amount within twelve weeks, with automatic vacating of the stay if the condition is not met. The court ordered that notice be issued in the first appeal and set a return date of 5 October 2026. Both applications were consequently disposed of by the court.

Issues considered

Whether a delay of 62 days in filing a first appeal can be condoned under the principles of justice.
Whether a stay of the Tribunal's judgment and award should be granted, and if so, on what conditions.

Subjects

condonation of delay
stay of execution
civil procedure
insurance compensation
interest of justice

Judgment

2026:BHC-AUG:27585


                                                                                ca7181.26
                                                   -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             935 CIVIL APPLICATION NO. 7181 OF 2026
                                              WITH
                               CIVIL APPLICATION NO. 7182 OF 2026
                                        IN FAST/18393/2026

                      Reliance General Insurance Through Its Legal Manager
                                               VERSUS
                                 Anuradha Nilkanth Patil and others.
                                                   ...
                 Advocate for Applicant : Mr. A.S. Usmanpurkar
                 Advocate for Respondent No.1 : Mr. C.V. Bodkhe h/f Mr. R.M.
                 Gaikwad
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 10th JULY, 2026

                 PER COURT :-


                 1.        The civil application No. 7181 of 2026 is filed for

                 condonation of delay of 62 days caused in filing the first appeal.



                 2.        Perused the application and heard learned advocates for

                 both sides. Learned advocate for respondent No. 1 strongly opposed

                 the application. 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.



                 3.        In so far as civil application No. 7182 of 2026 is concerned,

                 the same is filed seeking stay to the impugned judgment and award
                                                            ca7181.26
                                 -2-

passed by the Tribunal.



4.       Perused the application. Heard learned advocates for both

sides. Considering the peculiar facts of the case, stay is granted

subject to deposit of entire amount of compensation within twelve

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.



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

on 05.10.2026. Call for record and proceedings.



                                  (SANJAY A. DESHMUKH, J.)

rlj/

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