Bombay High Court
ICICI LOMBARD GENERAL INSURANCE COMAPNAY LIMITEDversusNARAYAN BHAUSING RATHOD AND OTHERS
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court held that a stay of execution is granted conditionally upon deposit within twelve weeks and that the 70‑day delay in filing the appeal is condoned in the interest of justice.
Summary
The applicant, ICICI Lombard General Insurance Co., sought a stay of execution of a judgment and award, undertaking to deposit the full amount with interest within twelve weeks. The court conditioned the stay on such deposit, stating that failure to do so would vacate the stay. The applicant also requested condonation of a 70‑day delay in filing the appeal. After hearing counsel, the court found the delay was not deliberate and, in the interest of justice, allowed condonation. Consequently, the stay was granted conditionally, the delay was condoned, and the appeal was ordered to be registered with notice to respondents.
Issues considered
- Whether the court should grant a stay of execution of the impugned judgment and award subject to deposit of the amount within a specified period.
- Whether the 70‑day delay in filing the appeal should be condoned.
Subjects
- stay of execution
- condonation of delay
- civil procedure
- appeal
- interest of justice
Judgment
2026:BHC-AUG:30493
(1) 948 ca 7634.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
948 CIVIL APPLICATION NO. 7634 OF 2026 IN FAST/21543/2026
WITH CIVIL APPLICATION NO. 7635 OF 2026
ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
VERSUS
NARAYAN BHAUSING RATHOD AND OTHERS
…..
Advocate for Applicant : Mr. Abhijit Choudhari
…..
CORAM : SANJAY A. DESHMUKH, J.
DATE : 22.07.2026
P.C.:-
Application for Stay:
1. This is an application seeking stay to the execution of the
impugned judgment and award.
2. The learned counsel for the applicant undertakes to deposit the
entire amount as per the impugned judgment and award along with interest
within twelve weeks from today. Subject to depositing the said amount within
twelve weeks from today, there shall be stay to the execution and operation of
the impugned judgment and order.
3. It is clarified that if the said amount is not deposited within the
stipulated period, the stay granted by this Court shall be deemed to be vacated
(2) 948 ca 7634.26
without further reference to the Court. Civil Application is accordingly
disposed of.
Application for delay:
4. This is an application for condonation of delay of 70 days caused
in filing the appeal.
5. Perused the application. Heard the learned advocate for
applicant.
6. On perusal of the application, it appears that the delay has not
been deliberately caused. Therefore, in the interest of justice, the delay
deserves to be condoned.
7. For the reasons stated in the application, the delay stands
condoned. The application stands allowed in the interest of justice. Appeal
be registered.
Appeal:
8. Issue notice to respondents, returnable on 14.10.2026. Call
record and proceedings.
[SANJAY A. DESHMUKH, J.]
mubashir
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