Bajaj Allianz General Insurance Co. Ltd. Thr. Legal Manager, Nagpur v. Jaykumar Surajmal Tank And Others

1 66-CAF-937-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.937 OF 2026 IN FIRST APPEAL (ST.) NO.13269 OF 2025 Bajaj Allianz General Insurance Co. Ltd., through its Legal Manager Vs.

Jaykumar Surajmal Tank and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. A.S. Athalye, Advocate for the Applicant/Appellant. Mr. Sawan Alaspurkar, Advocate for Respondent No.1. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 17 th FEBRUARY, 1.

This is an application for condonation of delay of 36 days in filing the statutory appeal.

2.

Advocate Mr. Alaspurkar, appears on behalf of respondent No.1.

3.

Learned counsel for the applicant submits that the delay occurred on account of completion of procedural formalities in filing the statutory appeal.

4.

Having regard to the contents of the application and submissions advanced, the delay of 36 days does not appear to be intentional and the application needs to be allowed in the interest of justice. Accordingly, the civil application is allowed. Delay of 36 days in filing the statutory appeal is hereby condoned.

5.

In view above, the civil application is disposed of.

2 66-CAF-937-2026.odt CIVIL APPLICATION NO.938 OF 2026 6.

By this application under Order 41 rule 5 of the Code of Civil Procedure, 1908, the applicant seeks stay to the judgment and award dated 22.01.2025 passed by the Member, Motor Accident Claims Tribunal, Amravati. 7.

Issue notice to the respondents, returnable after four weeks.

8.

Advocate Mr. Alaspurkar, waives service of notice on behalf of respondent No.1.

9.

Applicant is permitted to serve the respondent by private mode, in addition to regular mode of service and file affidavit of service in that regard by next date. 10.

Having regard to the contents of the application and submissions advanced, subject to the appellant depositing the entire decreetal amount with Tribunal along with interest, within a period of eight weeks from today, there shall be ad-interim stay to the impugned judgment and award passed by the Member, Motor Accident Claims Tribunal, Amravati, till next date.

(PRAFULLA S. KHUBALKAR, J . ) Privel