Bombay High Court

SHUBHAM SHARADRAO KALEversusUNITED INDIA INSURENCE COMPANY LTD

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

Holding

The court held that, in the interest of justice, the delay is condoned, partial withdrawal of the deposited amount is permitted, and a stay of execution of the judgment and award is granted.

Summary

The High Court of Bombay, Aurangabad Bench, entertained three civil applications filed by United India Insurance Company Ltd. The first sought condonation of a 95‑day delay in filing a first appeal, the second sought permission to withdraw 60% of the amount deposited under a judgment and award with interest, and the third sought a stay of execution of that judgment and award. The court examined the reasons for delay, the claim of excessive compensation, and the fact that the full award amount was already deposited with the court. Finding that condoning the delay would serve the interest of justice, it allowed the first application. It partially allowed the second application, permitting withdrawal of 60% of the deposited sum upon furnishing an undertaking, and it granted the stay sought in the third application. All three applications were subsequently disposed of.

Issues considered

Whether a delay of 95 days in filing a first appeal can be condoned.
Whether the applicants may withdraw 60% of the amount deposited under the impugned judgment and award with accrued interest.
Whether a stay of execution and operation of the impugned judgment and award should be granted.

Subjects

condonation of delay
withdrawal of deposited amount
stay of execution
civil application
interest of justice

Judgment

2026:BHC-AUG:4560


                                                                        76-ca-11197-2025
                                                     -1-

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD
                                 CIVIL APPLICATION NO. 11197 OF 2025
                                          IN FAST/30737/2025
                           United India Insurance Company Ltd Aurangabad
                                               VERSUS
                                 Shubham Sharadra Kale And Others
                                                  ...
                Mr. M. R. Deshmukh, Advocate for Applicant
                Mr. B. S. Dhawale, Advocate for Respondent nos.1 to 3
                                                WITH
                    CIVIL APPLICATION NO. 982 OF 2026 IN FAST/30737/2025
                                                WITH
                   CIVIL APPLICATION NO. 11198 OF 2025 IN FAST/30737/2025

                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATED : 02ND FEBRUARY, 2026

                PER COURT :-

                CIVIL APPLICATION NO. 11197 OF 2025

                1.           This is an application for condonation of delay of 95 days

                caused for filing of First Appeal.

                2.           Perused the Application. Heard learned Advocates for both

                the sides.

                3.           Considering the reasons stated in the application and the

                period of delay, it would be proper to allow the application in the

                interest of justice. Hence, the following order:

                                                  ORDER

                      a.          Civil Application is allowed.
                      b.          Delay of 95 days caused for filing of First Appeal is
                                  condoned.
                      c.          Civil Application is disposed of.
                                                         76-ca-11197-2025
                                    -2-

CIVIL APPLICATION NO. 982 OF 2026

1.           This is an application for permission to withdraw the

amount deposited in this Court under the impugned judgment and

award.

2.           Perused the application. Heard learned Advocates for both

the sides.

3.           Learned Advocate for the respondents submitted that the

learned Tribunal has awarded exorbitant amount of compensation

without giving cogent and acceptable reasons. He therefore submitted

to reject the application.

4.           Upon perusal of the application and the award and after

considering the objections, it would be proper to allow the application

partly. Hence, the following order:

                                  ORDER

      a.          Civil Application is partly allowed.

      b.          Applicants are permitted to withdraw the 60%
      amount alongwith accrued interest thereon deposited
      under the impugned judgment and award on furnishing
      usual undertaking to the satisfaction of the learned
      Registrar (Judicial) of this Court.

      c.          Civil Application is disposed of.
                                                           76-ca-11197-2025
                                      -3-

CIVIL APPLICATION NO. 11198 OF 2025

1.           This is an application for stay to the execution and operation

of the impugned judgment and award.

2.           Perused the application. Heard learned Advocates for both

the sides.

3.           Learned Advocate for the appellant/Insurance Company

submitted that the entire award amount under impugned judgment

and award is deposited in this Court.

4.           Considering the above fact, it would be proper to allow the

application and is allowed in terms of prayer clause ‘B’.

5.           Civil Application is disposed of.


FIRST APPEAL ST. NO.30737 OF 2025

1.           Issue notice to the respondents, returnable on 16.03.2026.

Learned Advocate Mr. B. S. Dhawale waives service of notice for

respondent nos.1 to 3.

2.           Call Record and Proceedings.



                                                 (SANJAY A. DESHMUKH, J.)

Rushikesh/2026

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