Mahadev Digambar Jaybhaye v. New India Assurance Company Ltd Through Its Branch Manage Jalna Road Beed
65 CA NO. 14049 OF 2025.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 65 CIVIL APPLICATION NO. 14049 OF 2025 IN FAST/12979/2025 Mahadev Digambar Jaybhaye
VERSUS
New India Assurance Company Ltd Through Its Branch Manage Jalna Road Beed ...
Mr. Dargad Swapnil Sunilkumar, Advocate for Applicant Mr. S R Bodade, Advocate for Respondent WITH CIVIL APPLICATION NO. 4745 OF 2025 IN FAST/12979/2025 WITH CIVIL APPLICATION NO. 4746 OF 2025 IN FAST/12979/2025 ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 22.12.2025 PER COURT :- STAY APPLICATION This is an application seeking stay to the execution of the impugned judgment and award.
The learned advocate for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.
In view of the above, the application is allowed in terms of prayer clause 'B' and disposed of.
(( 2 )) APPLICATION FOR WITHDRAWAL This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. Heard.
Learned advocate for respondent strongly opposed the application.
4.
Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::
a.
The application is partly allowed.
b.
The applicant is permitted to withdraw 50% of the amount with accrued interest thereon deposited in this Court on furnishing usual undertaking.
The said amount be transmitted to the learned Commissioner for Employees Compensation & Civil Judge (S. D.) Beed, which shall thereafter disburse that amount to the applicant / claimant accordingly.
d.
The applicant shall submit undertaking before the learned
(( 3 )) Commissioner for Employees Compensation & Civil Judge (S. D.), Beed and the Tribunal shall forward it to this Court. The application is disposed of.
APPLICATION FOR DELAY Heard.
This is an application for condonation of delay of 71 days caused in filing the first appeal.
The learned Advocate for respondent strongly opposed the application and submitted that there is no sufficient reason to condone the delay.
4.
Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence the following order:
::ORDER::
a.
Civil Application is allowed.
b.
The delay of 71 days caused in filing the first appeal is hereby condoned.
(( 4 )) The application is disposed of.
FIRST APPEAL Issue notice to the respondents, returnable on 09.02.2026.
Learned Advocate Mr. Dargad Swapnil Sunilkumar waives service of notice for Respondent No.1.
Call for Record and Proceedings.
[ SANJAY A. DESHMUKH, J. ] HRJadhav