Bombay High Court

VANITA GANESH JADHAV AND ORS.versusDIVISIONAL OFFICER, THE NEW INDIA ASSURANCE CO.LTD. BRANCH SATARA.

Disposal: Allowed
Bench: MADHAV JAMDAR PRAVIN SHESHRAO PATIL

Holding

The interim application is allowed conditionally, subject to the applicants paying Rs.20,000 costs to the respondent.

Summary

The applicants filed an interim application in a first appeal before the Bombay High Court, seeking relief despite a delay of 357 days in filing the appeal. The respondent, New India Assurance Company Limited, strongly opposed the application. The court examined whether the delay warranted dismissal of the interim relief. Considering the reasons provided in paragraph 6 of the interim application, the court decided to allow the application conditionally. The condition imposed was that the applicants must pay Rs.20,000 as costs to the respondent by 9 March 2026. Consequently, the interim application was disposed of, with the cost order attached.

Issues considered

Whether an interim application can be entertained despite a delay of 357 days in filing the appeal
Whether costs should be awarded to the respondent in the circumstances

Subjects

interim application
delay
costs
Civil Appeal
High Court

Judgment

                                                             8 ia-14141-2023.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                          CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 14141 OF 2023
                                     IN
                   FIRST APPEAL [ST.] NO. 16625 OF 2023

Vanita Ganesh Jadhav and Others.                             ...Applicants.
        Versus
Divisional Oicer, The New India Assu. Co.,
Ltd and Another.                                             ...Respondents.
                                  ——————
Mr. Dilip Bodake, Ms. Sujata B. Lohar, Mr. Amar Dhumal and Mr. Viraj Dhumal
for the Applicants.
Mr. Devendvanath S. Joshi (thr. V.C.) for the Respondent no.1.
                                  ——————
                                     Coram :     Madhav J. Jamdar &
                                                 Pravin S. Patil, JJ.
                                     Date      : March 4, 2026.
P. C. :

1.         Heard Mr. Bodake, learned Counsel appearing for the Applicants

and Mr. Joshi, learned Counsel appearing for the Respondent-New

India Assurance Company Limited.

2.         There is delay of 357 days in iling the appeal.

3.         Mr. Joshi, learned Counsel appearing for the Respondent

strongly opposes the application.           However, adequate reasons are

given in paragraph no.6 of the interim application. Accordingly, for the

reasons set out in the interim application, the same is allowed in terms

of prayer clause (a) on the condition that Applicants pay cost of



Patil-SR                              1 of 2
                                                          8 ia-14141-2023.doc


Rs.20,000/- (Rs. Twenty Thousand only) to the Respondent-New India

Assurance Company Limited on or before 9th March 2026.

4.         Interim application stands disposed of.



     [Pravin S. Patil, J.]                      [Madhav J. Jamdar, J.]




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