Bombay High Court

THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO LTDversusSANTOSH ANGAD APCHUNDE AND ORS

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

Holding

The court granted a conditional stay, ordering the deposit of the full compensation within twelve weeks, failing which the stay would be vacated.

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 Santosh Angad Apchunde and others. The court examined the application and, after hearing the appellant’s counsel, considered whether a stay should be granted given the circumstances. It held that a stay could be conditionally granted to protect the parties’ interests. The condition imposed was that the appellant must deposit the entire compensation amount within twelve weeks from the order. If the deposit is not made within that period, the stay will automatically be vacated. Accordingly, the civil application for stay was disposed of with the conditional order.

Issues considered

Whether the civil application for a stay of the Tribunal's award should be granted subject to the deposit of the full compensation amount

Subjects

stay of execution
tribunal award
insurance claim
civil procedure
conditional stay

Judgment

                                                              fa1969.26
                                    -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                41 FIRST APPEAL NO. 1969 OF 2026
                              WITH
               CIVIL APPLICATION NO. 7808 OF 2026

     The Divisional Manager The New India Assurance Co Ltd
                              VERSUS
                Santosh Angad Apchunde 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. 7808 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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