Bombay High Court

THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO LTDversusLAXMIBAI RAGHUNATH SAGAR AND ORS.

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

Holding

The court granted a conditional stay of the Tribunal's award, subject to the appellant depositing the full compensation within twelve weeks.

Summary

The Divisional Manager of The New India Assurance Co Ltd filed a first appeal and a civil application seeking a stay of the judgment and award passed by a Tribunal against Laxmibai Raghunath Sagar and others. The court issued a notice to the respondents in the appeal, to be returned on 19 October 2026. The civil application was heard, and the learned judge considered the peculiar facts of the case. The judge granted a stay of the Tribunal's award on the condition that the appellant deposit the entire compensation amount within twelve weeks. If the deposit is not made, the stay will automatically be vacated, and the application for stay was thereafter disposed.

Issues considered

Whether the court may grant a stay of the Tribunal's award pending the appeal
Whether the stay should be conditioned on the deposit of the full compensation amount

Subjects

stay of execution
tribunal award
civil procedure
conditional stay
insurance claim

Judgment

                                                              fa1968.26
                                    -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                40 FIRST APPEAL NO. 1968 OF 2026
                              WITH
               CIVIL APPLICATION NO. 7807 OF 2026

     The Divisional Manager The New India Assurance Co Ltd
                              VERSUS
                Laxmibai Raghunath Sagar And Ors
                                  ...
Advocate for Appellant : Mr. Suraj R Bagal
                                  …..

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

PER COURT :-


1.        In first appeal, issue notice to the respondents, returnable
on 19.10.2026.


2.        In so far as civil application No. 7807 of 2026 is concerned,
the same is filed seeking stay to the impugned judgment and award
passed by the Tribunal. 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.



                                     (SANJAY A. DESHMUKH, J.)

rlj/

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