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
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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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