Bombay High Court

THE MANAGER CHOLMANDALAM MS GENERAL INSURANCE COversusUSHA ANKUSH KUMBHAR AND OTHERS

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

Holding

The Court granted a stay of the Tribunal's award conditioned upon the deposit of the full compensation with interest within twelve weeks.

Summary

The Manager Cholmandalam of General Insurance Co filed a first appeal and a civil application seeking a stay of the Tribunal's award against Usha Ankush Kumbhar and others. The High Court noted the procedural aspects of the appeal and focused on the civil application for a stay. After hearing the applicant's counsel, the Court considered the peculiar facts and the grounds raised in the application. It granted a stay of the impugned judgment and award, but conditioned the stay on the deposit of the entire compensation amount along with accrued interest within twelve weeks. The Court further clarified that failure to make the deposit would automatically vacate the stay. Consequently, the civil application for stay was disposed of, and the first appeal was issued notice for further hearing.

Issues considered

Whether the High Court may grant a stay of the Tribunal's award pending the appeal
Whether the stay should be conditioned upon the deposit of the awarded compensation with interest

Subjects

stay of execution
tribunal award
civil application
conditional stay
deposit of compensation
interest
high court
appeal

Judgment

                                                                 fa2114.26
                                       -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

               924 FIRST APPEAL NO. 2114 OF 2026
                              WITH
               CIVIL APPLICATION NO. 8572 OF 2026

      The Manager Cholmandalam Ms General Insurance Co
                              VERSUS
                Usha Ankush Kumbhar And Others
                                   ...
Advocate for Appellant : Mr. Abhijit Choudhari
                                  …

                      CORAM : SANJAY A. DESHMUKH, J.
                      DATED : 6th AUGUST, 2026

PER COURT :-


1.        In first appeal, issue notice to the respondents, returnable on
29.10.2026.


2.        In so far as civil application No. 8572 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
and the grounds stated in the application, stay is granted subject to
deposit of entire amount of compensation under award alongwith
interest accrued thereon, within twelve weeks from today. It is clarified
that, if the amount, as directed above, is not deposited within the
aforesaid period, the stay granted by this order 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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