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Bombay High CourtCA/7595/2025admittedallowedgrantedrule absolute

The New India Assurance Co Ltd v. Jyoti Dattatray Shelar And Others

2026-03-04Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

27 CA NO. 812 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 27 CIVIL APPLICATION NO. 812 OF 2026 IN FAST/19807/2025 Jyoti Dattatray Shelar And Others

VERSUS

New India Assurance Company Limited ...

Mr. D. R. Jayabhar, Advocate for Applicant Mr. S. D. Tele h/for Mr. Ramesh Imale, Advocate for Respondent No.10 WITH CIVIL APPLICATION NO. 7594 OF 2025 IN FAST/19807/2025 WITH CIVIL APPLICATION NO. 7595 OF 2025 IN FAST/19807/2025 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 04.03.2026 PER COURT :- APPLICATION FOR STAY 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.

3.

In view of the above, the application is allowed in terms of prayer clause 'B' and disposed of.

(( 2 )) 27 CA NO. 812 OF 2026 APPLICATION FOR WITHDRAWAL OF AMOUNT .

List the application on 09.03.2026 at 02:30 P.M. APPLICATION FOR DELAY Heard the learned Advocates for the parties.

This is an application for condonation of delay of 83 days caused in filing the first appeal.

3.

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 and disposed of. b.

The delay of 83 days caused in filing the first appeal is condoned.

(( 3 )) 27 CA NO. 812 OF 2026 FIRST APPEAL Issue notice to the respondents, returnable on 24.06.2026.

Mr. D. R. Jayabhar, learned Advocate waives service of notice for Respondent Nos.1 to 5.

[ SANJAY A. DESHMUKH, J. ] HRJadhav