Bombay High Court

THE NEW INDIA ASSURANCE CO LTDversusJYOTI DATTATRAY SHELAR AND OTHERS

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

Holding

The court stayed the execution of the judgment and award and condoned the delay in filing the first appeal, finding no deliberate intent and acting in the interest of justice.

Summary

The applicant filed an application seeking a stay of execution of a judgment and award, claiming the entire amount was already deposited with the court. The court allowed the stay as per the prayer clause. A separate application for withdrawal of the amount was listed, and another application sought condonation of an 83‑day delay in filing the first appeal. The respondent opposed the condonation, but the court found the delay was neither deliberate nor intentional and granted it in the interest of justice. Consequently, the civil applications were allowed and disposed of, and notice for the first appeal was issued, with service of notice waived for certain respondents.

Issues considered

Whether the execution of the impugned judgment and award should be stayed.
Whether the 83‑day delay in filing the first appeal should be condoned.

Subjects

stay of execution
condonation of delay
civil application
first appeal
interest of justice

Judgment

                                                27 CA NO. 812 OF 2026.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
             27 CIVIL APPLICATION NO. 812 OF 2026
                       IN FAST/19807/2025

                 Jyoti Dattatray Shelar And Others
                              VERSUS
              New India Assurance Company Limited
                                 ...
Mr. D. R. Jayabhar, Advocate for Applicant
Mr. S. D. Tele h/for Mr. Ramesh Imale, Advocate for Respondent
No.10
                               WITH
              CIVIL APPLICATION NO. 7594 OF 2025
                    IN FAST/19807/2025 WITH
              CIVIL APPLICATION NO. 7595 OF 2025
                        IN FAST/19807/2025
                                 ….

                    CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 04.03.2026
PER COURT :-

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.


3.        In view of the above, the application is allowed in terms

of prayer clause ‘B’ and disposed of.


                                                                 1 of 3
                                     (( 2 ))      27 CA NO. 812 OF 2026




APPLICATION FOR WITHDRAWAL OF AMOUNT


.            List the application on 09.03.2026 at 02:30 P.M.



APPLICATION FOR DELAY


1.           Heard the learned Advocates for the parties.


2.           This is an application for condonation of delay of 83 days

caused in filing the first appeal.


3.           The learned Advocate for respondent strongly opposed

the application and submitted that there is no sufficient reason to

condone the delay.


4.           Perused the application. For the reasons stated therein,

the application deserves to be allowed in the interest of justice as the

delay is neither deliberate nor intentional.     Hence, the following

order:

                                ::ORDER::


a.         Civil Application is allowed and disposed of.

b.         The delay of 83 days caused in filing the first appeal is

           condoned.

                                                                    2 of 3
                                    (( 3 ))       27 CA NO. 812 OF 2026


FIRST APPEAL


1.         Issue   notice   to   the     respondents,   returnable           on

24.06.2026.


2.         Mr. D. R. Jayabhar, learned Advocate waives service of

notice for Respondent Nos.1 to 5.



                                 [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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