Bombay High Court

THE ORIENTAL INSURANCE COMPANY LTDversusGEETA SUBHASH MAVCHI 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 award subject to deposit of the compensation within twelve weeks.

Summary

The Oriental Insurance Company Ltd filed two civil applications before the Bombay High Court, Aurangabad Bench. The first sought condonation of a three‑day delay in filing its first appeal, and the Court, finding the delay non‑deliberate, allowed the application. The second application requested a stay of the Tribunal's judgment and award, and the Court granted the stay on the condition that the entire compensation amount be deposited within twelve weeks, otherwise the stay would automatically lapse. The Court also ordered that notice be issued to the respondents in the first appeal, to be returned on 19 October 2026. The applications were disposed of with the condonation and conditional stay granted.

Issues considered

Whether a three‑day delay in filing a first appeal can be condoned under the principles of justice.
Whether a stay of the Tribunal's award can be granted pending deposit of the compensation amount.

Subjects

condonation of delay
stay of execution
tribunal award
insurance claim
civil procedure

Judgment

2026:BHC-AUG:31307


                                                                                ca7756.26
                                                   -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              89 CIVIL APPLICATION NO. 7756 OF 2026
                                               WITH
                               CIVIL APPLICATION NO. 7757 OF 2026
                                      IN/WITH FAST/20284/2026

                                 The Oriental Insurance Company Ltd
                                               VERSUS
                                   Geeta Subhash Mavchi And Ors.
                                                   ...
                               Advocate for Applicant : Mr. Suraj R Bagal
                                                  …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 27th JULY, 2026

                 PER COURT :-


                 1.        The civil application No. 7756 of 2026 is filed for

                 condonation of delay of 03 days caused in filing the first appeal.



                 2.        Perused the application and heard learned advocate for the

                 applicant.     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. 7757 of 2026 is concerned,

                 the same is filed seeking stay to the impugned judgment and award

                 passed by the Tribunal.
                                                                ca7756.26
                                   -2-



4.        Perused the application. Heard learned advocate for the

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

subject to deposit of entire amount of compensation within twelve

(12) 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 19.10.2026. Call for record and proceedings.



                                    (SANJAY A. DESHMUKH, J.)

rlj/

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