Bombay High Court

THE NEW INDIA ASSURANCE CO. LTD.versusMR. SANDEEP VINAY DIXIT AND ANR.

Decided: 17 June 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The court stayed the impugned order until final disposal of the appeal upon receipt of the decretal amount.

Summary

The New India Assurance Co. Ltd. filed a civil application seeking a stay of the order dated 16 September 2015 passed against it. The applicant contended that the decretal amount had been deposited, warranting a stay of the impugned order until the appeal is finally decided. The court examined the submission and found that the deposit of the decretal amount satisfied the condition for granting a stay. Consequently, the court stayed the order dated 16 September 2015 pending final disposal of the appeal. The application was thereafter disposed.

Issues considered

What is the appropriate remedy when the decretal amount has been deposited after an order has been passed?

Subjects

stay of decree
civil application
decretal amount deposit
high court
order suspension

Judgment

  2026:BHC-AS:24500
                             Sayyed                                                      12-(i)CAF.3399.2016.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                             CIVIL APPLICATION NO.3399 OF 2016
                                                             IN
                                             FIRST APPEAL (ST) NO.18388 OF 2016

                             The New India Assurance Co. Ltd.      ...Applicant/Appellant
                                  Versus
                             Sandeep Vinay Dixit & Anr.            ...Respondents
                                  _____________________________________________________
                             Mr. Himanshu Takke i/by Mr. Milind V. More for the Applicant/Appellant.
                             None for the Respondents.
                                   _____________________________________________________

                                                            CORAM :         JITENDRA JAIN, J.
                                                            DATE        :   17 JUNE 2026
                             P.C.:

                             1.        Mr. Takke, learned counsel for the applicant-appellant states
                             that the decretal amount has been deposited. Therefore, the impugned
                             order dated 16 September 2015 is stayed till the final disposal of the
                             appeal.


                             2.        Civil Application No.3399 of 2016 is disposed of.




                                                                              [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
Designation: PA To Honourable Judge
Date: 18/06/2026 11:50:01                                      1 of 1

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