Royal Sundaram General Insurance Through Its Branch Manager v. Khurshid Sultana Mirza Yousuf Baig And ORS

29-ca9776.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9776 OF 2025 IN FAST/25063/2025 Royal Sundaram General Insurance Through Its Branch Manager

VERSUS

Khurshid Sultana Mirza Yousuf Baig And Ors WITH CIVIL APPLICATION NO. 9777 OF 2025 IN FAST/25063/2025 ---- Mr.M.R.Deshmukh, Advocate for applicant ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 12 2025 ORDER :- Being aggrieved by the judgment and award dated 02.01.2025, passed by M.A.C.T. in M.A.C.P. No.227/2023, the applicant/appellant has preferred present First Appeal. This is an application for condonation of delay of 113 days. The applicant seeks condonation of delay on the explanation expressed in the application. 2.

Issue notice to the respondents, returnable after six weeks. 3.

The matter be listed after service of notice is complete. In the meantime, applicant/appellant shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

29-ca9776.2025 4.

Office objections be removed within two weeks, failing which the matter shall stand dismissed automatically without reference to the court.

C.A. for Stay :- 5.

Being aggrieved by the judgment and award dated 02.01.2025, passed by M.A.C.T. in M.A.C.P. No.227/2023, the applicant/appellant has preferred present First Appeal. This is an application for grant of stay.

6.

The applicant submits that there are strong hopes of success in the appeal. That, during pendency of the First Appeal, if execution and operation of the impugned judgment and award is not stayed, the very purpose of the appeal shall stand frustrated. 7.

Considering this, execution and operation of the impugned judgment and award is stayed till returnable date, on condition that the appellants deposit the entire payable decretal award amount in this court within a period of twelve weeks from today.

8.

Issue notice to the respondents.

29-ca9776.2025 9.

The matter be listed after service of notice is complete. In the meantime, applicant/appellants shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

[AJIT B. KADETHANKAR, J.] KBP