Bombay High Court

THE NEW INDIA ASSURANCE COMPANY LIMITED THROUGH MUMBAI LEGAL HUBversusMRS. UMA UMESH PAWASKAR AND ORS.

Decided: 8 April 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The Court condoned the 147‑day delay and stayed the operation of the order dated 2 June 2016 until the appeal is finally disposed.

Summary

The New India Assurance Company filed an appeal challenging an order of the Commissioner for Employee’s Compensation, Thane, but delayed filing the appeal by 147 days. The Court examined whether such delay could be condoned and whether the decretal amount already deposited justified a stay of the impugned order dated 2 June 2016. Relying on the applicant’s statement that the amount was deposited, the Court decided to condone the delay, direct the registry to number the appeal, and stay the operation of the order until the appeal is finally decided. Both civil applications (Nos. 1060 and 1061 of 2017) were subsequently disposed of. The decision leaves the substantive appeal pending while providing procedural relief to the applicant.

Issues considered

Whether a delay of 147 days in filing the appeal can be condoned
Whether the decretal amount deposited warrants a stay of the order dated 2 June 2016 pending appeal

Subjects

condonation of delay
stay of order
civil procedure
employee compensation
appeal

Judgment

2026:BHC-AS:16780
                    Sayyed                                                         9-(i)CAF.1060.2017.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                     CIVIL APPLICATION NO.1060 OF 2017
                                                    WITH
                                     CIVIL APPLICATION NO.1061 OF 2017
                                                     IN
                                     FIRST APPEAL (ST) NO.1366 OF 2017

                    The New India Assurance Company
                    Limited Through Mumbai Legal Hub             ...Applicant/Appellant
                          Versus
                    Uma Umesh Pawaskar & Ors.                    ...Respondents
                          _____________________________________________________
                    Ms. S. S. Dwivedi for the Applicant/Appellant.
                    None for the Respondents.
                          _____________________________________________________

                                                    CORAM :         JITENDRA JAIN, J.
                                                    DATE        :   8 APRIL 2026
                    P.C.:
                    CIVIL APPLICATION NO.1060 OF 2017

                    1.        Delay of 147 days in filing the appeal challenging the order
                    passed by the Commissioner for Employee’s Compensation, Thane, for
                    the reasons stated in the application is condoned.

                    2.        Registry is directed to number the appeal finally.

                    3.        Civil Application is disposed of.

                    CIVIL APPLICATION NO.1061 OF 2017

                    4.        Ms. Dwivedi, learned counsel for the applicant states that the
                    decretal amount awarded by the Commissioner for Employee’s
                    Compensation, Thane has been deposited with the said authority.
                    Accepting the said statement, the operation of the impugned order
                    dated 2 June 2016 is stayed till the final disposal of the appeal.



                                                       1 of 2
                               Sayyed                                                  9-(i)CAF.1060.2017.doc


                               5.       Civil Application is disposed of.



                                                                            [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 08/04/2026 18:35:30                                        2 of 2

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