Bombay High Court

IFFCO TOKIO GENERAL INS. CO. LTD.versusJAHANARA BIBI NASIRUDDIN SEKH AND ORS.

Decided: 14 January 2026
Disposal: Dismissed
Bench: JITENDRA SHANTILAL JAIN

Holding

The stay of execution of the award is granted subject to the applicant depositing the entire compensation amount within six weeks.

Summary

The applicant, IFFCO TOKIO General Insurance Co. Ltd., appealed a decree awarding compensation to the respondents and sought a stay of execution of the award. The applicant assured the court that it would deposit the entire compensation amount in the tribunal within six weeks. The court granted a conditional stay of execution pending the appeal, subject to the applicant depositing the full amount within the stipulated period. It ordered that if the deposit is not made within six weeks, the stay will automatically be vacated without further reference. The civil application was thereafter disposed of on these terms.

Issues considered

Whether a stay of execution of the award should be granted pending the appeal?

Subjects

stay of execution
civil appeal
insurance compensation
conditional order

Judgment

osk                                                          28caf3902019.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                     CIVIL APPLICATION NO. 390 OF 2019
                                    IN
                    FIRST APPEAL (ST.) NO. 1633 OF 2019

IFFCO TOKIO General Insurance Co. Ltd.                 …     Applicant
          V/s.
Jahanara Bibi Nasiruddin Sekh & Ors.                   …     Respondents


      •   Mrs.Urmila K. Sanil for the Applicant-Appellant.


                     CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

                     DATE      : 30 th JANUARY, 2019.

P.C. :

1]             Learned counsel for the Applicant-Appellant submits that
the entire decreetal amount will be deposited in the tribunal within six
weeks from today.
2]             In view thereof, the stay is granted to the execution of the
award till decision of the appeal, subject to condition of the Applicant-
Appellant's depositing the entire compensation amount within six
weeks from today.
3]             In case of failure of the Applicant-Appellant to deposit the
amount within stipulated period, the stay shall automatically stand
vacated without further reference to this Court.
4]             The Civil Application stands disposed off in above terms.



                          [DR.SHALINI PHANSALKAR-JOSHI, J.]

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