The Branch Manager, The New India Assurance Co Ltd v. Fulchand Manik Wahmare Ded Abated And Others

949.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

949 CIVIL APPLICATION NO. 13756 OF 2024 IN FAST/32899/2024 THE BRANCH MANAGER, THE NEW INDIA ASSURANCE CO LTD.,

VERSUS

FULCHAND MANIK WAHMARE DED ABATED AND OTHERS ...

Advocate for Applicant : Mr. Mohit Rameshrao Deshmukh. Advocate for Respondent Nos.2 to 5 : Mr. Mayur Subhedar. ...

WITH CIVIL APPLICATION NO. 3510 OF 2025 IN FAST/32899/2024 WITH CIVIL APPLICATION NO. 13757 OF 2024 IN FAST/32899/2024 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

23rd April, 2026.

P.C.:

Heard the learned counsel for the parties. Perused the applications.

Application for condonation of delay:

This is an application for condonation of delay of 57 days caused in filing the first appeal.

For the reasons stated in the application, the delay stands condoned. The application stands allowed in the interest of justice. Appeal be registered.

949.odt Application for stay:

This is an application seeking stay to the execution of the impugned judgment and award.

The learned counsel 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, there shall be stay to the impugned judgment and award till the pendency of the appeal. The application stands disposed of.

Appeal :

Mr. Mayur Subhedar, learned counsel appears on behalf of respondent Nos.2 to 5.

Since the application for bringing the legal representatives of deceased respondent No.6 on record is allowed today, issue notice to legal representative of respondent No.6, returnable on 4th May, 2026. The learned counsel for the appellant seeks leave to serve the legal representative of respondent No.6 by R.P.A.D. Leave granted. Call for record and proceedings.

[ SANJAY A. DESHMUKH, J. ] nga