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Bombay High Court

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusSHUBHANGI SUBHASH SURVE AND ORS.

Decided
Disposal
Disposed Off

Holding

The stay application does not survive and is disposed of because the appeal was not registered.

Summary

The appellant filed First Appeal (Stamp) No. 14289 of 2025, which was rejected because the earlier Interim Application No. 11428 of 2025 for condonation of delay was dismissed for non‑compliance. Consequently, the registration of the appeal was refused. The appellant then filed Interim Application No. 11429 of 2025 seeking a stay of the order rejecting the appeal. The Registrar (Judicial‑II) noted that since the appeal was not registered, there was no pending order against which a stay could be granted. Accordingly, the stay application was held to have no existence and was disposed of. The order was signed by the Registrar on 9 March 2026.

Issues considered

  • Whether an interim application for a stay can survive when the underlying appeal has not been registered

Subjects

  • interim application
  • condonation of delay
  • stay order
  • civil procedure
  • registration of appeal
  • procedural law

Judgment

                              FARAD CONTINUATION SHEET NO.
                         THE HIGH COURT OF JUDICATURE AT BOMBAY                                           20
                               CIVIL APPELLATE JURISDICTION

                          INTERIM APPLICATION NO. 11429 OF 2025
                                                      IN
                         FIRST APPEAL (STAMP) NO. 14289 OF 2025
---------------------------------------------------------------------------------------------------------------
  Office Notes, Office Memoranda of Coram,                              Court’s or Judge’s order
appearance, Court’s Orders or directions and
           Registrar’s orders
---------------------------------------------------------------------------------------------------------------

             CORAM : DR. M.S. DESHPANDE
                    REGISTRAR (JUDL -II)

             DATE        : 09/03/2026

None Present

        The office remark discloses that as per Registrar
(Judicial-II)        Court’s      conditional        order       dated
14/11/2025, the Interim Application No. 11428 of 2025
filed for condonation of delay is dismissed for non-
compliance. Hence, the registration of First Appeal
(Stamp) No. 14289 of 2025 stands rejected.
          In view of the above, the Interim Application No.
11429 of 2025 filed for grant of stay does not survive
and it is accordingly disposed of.



                                            Sd/-
                                    REGISTRAR (JUDL-II)


sat-R(J-II)-09.03.2026


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