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Bombay High Court

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

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The delay was not deliberate and was therefore condoned; a stay was granted conditionally upon deposit of the full compensation within twelve weeks.

Summary

Reliance General Insurance filed two civil applications before the Bombay High Court, Aurangabad Bench. The first sought condonation of a 62‑day delay in filing its first appeal, while the second sought a stay of the Tribunal's impugned judgment and award. The Court, after hearing counsel, found that the delay was not deliberate and, in the interest of justice, allowed the condonation. Regarding the stay, the Court considered the peculiar facts and granted it on the condition that the entire compensation amount be deposited within twelve weeks, after which the stay would lapse automatically. The Court issued notice for the first appeal to be returned on 5 October 2026 and ordered the record to be called for further proceedings.

Issues considered

  • Whether a delay of 62 days in filing a first appeal can be condoned.
  • Whether a stay of the Tribunal's judgment can be granted subject to deposit of compensation.

Subjects

  • condonation of delay
  • stay of judgment
  • civil appeal
  • compensation deposit
  • interest of justice

Judgment

2026:BHC-AUG:27586


                                                                                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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