Bombay High Court
NATIONAL INSURANCE CO. LTD.versusSMT. KANTABAI SHIVAJI RUPNAVAR AND ORS.
- Disposal
- Disposed Off
- Bench
- M M SATHAYE
Holding
The court granted an interim stay of the judgment and award pending the appeal.
Summary
National Insurance Co. Ltd. filed an application seeking an interim stay of a judgment and award dated 3 July 2013. The company claimed to have deposited the amount as per the office note and asserted that the writ had been duly received. The court examined whether the deposit and receipt of the writ justified granting a stay pending the appeal. It held that the conditions for an interim stay were satisfied. Consequently, the court allowed the interim application and stayed the impugned judgment and award during the pendency of the appeal. The order was pronounced by Justice M. M. Sathaye of the Bombay High Court.
Issues considered
- Whether an interim stay of the impugned judgment and award should be granted pending the appeal
- Whether the deposit of the amount and receipt of the writ constitute sufficient grounds for such a stay
Subjects
- interim stay
- insurance
- civil appeal
- judgment suspension
- deposit of amount
- high court
Judgment
26-CAF-1317-2014.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
HARISH
by HARISH
VITHAL
CIRCUIT BENCH AT KOLHAPUR
VITHAL CHAUDHARI
CHAUDHARI Date:
CIVIL APPELLATE JURISDICTION
2026.03.25
11:21:35 +0530
CIVIL APPLICATION NO. 1317 OF 2014
IN
FIRST APPEAL NO. 901 OF 2016
National Insurance Co. Ltd. ...Applicant
VERSUS
Smt. Kantabai Shivaji Rupnavar And Ors. ...Respondents
***
None for the Applicant.
Mr. Aniket A. Patil i/b Mr. Shriram Chowdhari for Respondent No. 3
***
CORAM : M. M. SATHAYE, J.
DATE : 24th MARCH, 2026.
P.C.
1. This is an Application filed by Insurance company seeking
interim stay to the impugned judgment and award.
2. According to the office note, writ is received duly certified that
the Appellant Insurance Company has deposited the amount.
3. In that view of the matter, Interim Application is allowed. The
impugned judgment and ward dated 3.07.2013 is stayed during the
pendency of the Appeal.
[M. M. SATHAYE, J.]
Harish 1
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