Bombay High Court

THE MANAGER CHOLMANDALAM MS GENERAL INSURANCE COversusPOOJA 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 appellant depositing the full compensation with interest within twelve weeks, failing which the stay would be vacated.

Summary

The High Court of Bombay, Aurangabad Bench, entertained a civil application seeking a stay of the award passed by a Tribunal in favor of the respondents, Pooza Ankush Kumbhar and others, against the appellant, Manager Cholmandalam Ms General Insurance Co. The court, after hearing the applicant's counsel, considered the peculiar facts and the grounds raised. It granted a conditional stay, directing the appellant to deposit the entire compensation amount awarded, together with accrued interest, within twelve weeks. The order stipulated that failure to make the deposit would automatically vacate the stay without further court intervention. Consequently, the civil application for stay was disposed of, and a notice was issued in the first appeal.

Issues considered

What is the appropriate relief in the civil application seeking a stay of the Tribunal's award?
Should the stay be conditioned upon the deposit of the awarded compensation and interest?

Subjects

stay of execution
tribunal award
conditional stay
compensation deposit
High Court order
civil application

Judgment

                                                                 fa2117.26
                                       -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

               927 FIRST APPEAL NO. 2117 OF 2026
                              WITH
               CIVIL APPLICATION NO. 8575 OF 2026

      The Manager Cholmandalam Ms General Insurance Co
                              VERSUS
                Pooja 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. 8575 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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