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Bombay High Court

FUTURE GENERALI INDIA INSURANCE CO. LTD.versusRASIK BINDUMADHAV JOSHI AND ANR

Decided
Disposal
Dismissed

Holding

The appeal is admitted subject to the condition that the applicant deposits the award amount with interest within eight weeks, and the stay of execution is not granted.

Summary

The High Court admitted the first appeal filed by Future Generali India Insurance Co. Ltd. (now Generali Central Insurance) against Rasik Bindumadhav Joshi and another, but imposed a condition that the applicant must deposit the entire award amount with interest within eight weeks. The appellant had moved an interim application seeking a stay of execution pending the appeal. The Court, after considering the application, declined to grant a stay and instead ordered the deposit condition. Consequently, the interim application for stay was dismissed. The decision underscores the Court’s discretion to conditionally admit appeals while refusing interim relief where appropriate.

Issues considered

  • Whether the interim application for a stay of execution pending the appeal should be granted

Subjects

  • interim relief
  • stay of execution
  • appeal
  • deposit of award
  • insurance
  • civil appellate jurisdiction

Judgment

       Digitally
       signed by                                                                      3-IA-7620-26.DOC
       MEERA
MEERA MAHESH
MAHESH JADHAV
JADHAV Date:
       2026.10.08
       11:08:45
       +0530
                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                       INTERIM APPLICATION NO.7620 OF 2026
                                                         IN
                                           FIRST APPEAL NO. 1355 OF 2026

                    Future Generali India Insurance Co. Ltd.
                    now Known As Generali Central Insurance                    ...Applicant
                          Versus
                    Rasik Bindumadhav Joshi And Anr                            ...Respondents

                                                    ----------
                    Mr. A. N. Krishnaswamy, Senior Advocate a/w Mr. Pandit Kasar and Mr.
                    Vikram Solanke for Appllicant.
                    Mr. Rahul Mehta a/w Mr. Nikhil Mehta for Respondent No.1
                                                    -----------

                                         CORAM :     SARANG V. KOTWAL &
                                                     RANJITSINHA RAJA BHONSALE, JJ.

                                         DATE    :   5th OCTOBER, 2026.


                    PC :


                    1.         We have admitted First Appeal No.1355 of 2026 subject to the

                    condition that the Applicant herein shall deposit the entire amount under the

                    award along with the interest thereon within a period of eight weeks from

                    today. In view of the aforesaid condition, we are not inclined to allow the

                    present application for stay.

                    2.         Interim Application is accordingly dismissed.




                    (RANJITSINHA RAJA BHONSALE, J.)                (SARANG V. KOTWAL, J.)



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                    Meera Jadhav


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