New India Assurance Com. Ltd. Through Its Branch Manager v. Smt Indubai Rajebhau Pandit And Others

917 CA NO. 5487 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 5487 OF 2026 IN FAST/13663/2026 New India Assurance Com. Ltd. Through Its Branch Manager

VERSUS

Smt Indubai Rajebhau Pandit And Others ...

Mr. Dinesh D. Daud h/for Mr. Manoj Dharmaraj Shinde, Advocate for Applicant WITH CIVIL APPLICATION NO. 5488 OF 2026 IN FAST/13663/2026 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 08.05.2026 PER COURT :- APPLICATION FOR DELAY 1.

Heard learned advocate for the applicant.

2.

This is an application for condonation of delay of 37 days caused in filing the first appeal.

3.

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.

(( 2 )) 917 CA NO. 5487 OF 2026 b.

The delay of 37 days caused in filing the first appeal is condoned.

FIRST APPEAL 1.

Issue notice to the respondents, returnable on 28.08.2026. Call Record and Proceedings.

APPLICATION FOR STAY 1.

This is an application seeking stay to the execution and operation of the impugned judgment and award. 2.

Issue notice to the respondents, returnable on 28.08.2026. 3.

Till then, there shall be ad-interim-stay to the execution and operation of the impugned judgment and award on condition that appellant shall deposit the entire amount under impugned judgment and award with the Registry of this Court within twelve weeks from today.

4.

If the award amount is not deposited within the stipulated period, ad-interim-stay granted by this Court shall be vacated without further reference to this Court.

[ SANJAY A. DESHMUKH, J. ] HRJadhav