Divisional Manager, Cholamandalam ... vs Usha Wd/O Dnyaneshwar Ghorle And Others
2025 Latest Caselaw 4839 Bom

Bombay High Court

Divisional Manager, Cholamandalam ... vs Usha Wd/O Dnyaneshwar Ghorle And Others on 26 August, 2025

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                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                             NAGPUR BENCH, AT NAGPUR.

                        CIVIL APPLICATION (CAF) NO. 3147 OF 2025
                                           IN
                        FIRST APPEAL (STAMP) NO. 11471 OF 2025
 ( Divisional Manager, Cholamandalam Insurance Co. Ltd., Nagpur ..vs.. Usha wd/o Dnyaneshwar Ghorle and
                                                others )
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Office Notes, Office Memoranda of Coram,                                   Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                  Mr. A.M. Kukday, Advocate for the applicant/appellant.



                                           CORAM : ABHAY J. MANTRI, J.

DATED : 26-08-2025

Heard learned Advocate for the applicant/appellant.

2. Issue notice to the non-applicants/respondents, returnable after four weeks.

Civil Application No. 3148/2025

The applicant/appellant has filed this application to grant a stay to the effect and operation of the impugned judgment and award dated 17-08-2023 passed by the learned Tribunal in M.A.C.P. No. 722/2019.

2. Learned Advocate for the applicant submitted that due to the administrative difficulties, such as getting an approval to file the appeal, the appeal could not be filed in time. Similarly, he argued that the claimants have filed the execution petition bearing R.D. No. 214/2024 for the recovery of the amount. In the said matter, the warrant of attachment of the property was issued, and the matter is now posted on 29-08-2025 for further orders. Learned Advocate for the applicant further submitted that the applicant is ready to deposit the entire amount of compensation along with accrued interest thereon within three weeks in the Court and, therefore, urged for the grant of stay to the impugned judgment and award till the next date.

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3. Having considered the above facts and his statement, I deem it appropriate to grant a stay to the impugned judgment and award till the next date to avoid further complications in the matter. If the stay has been granted, it would not cause prejudice to the other side. If the stay is granted, then the irreparable loss would be caused to the applicant/appellant. Hence, I pass the following order.

Grant an ad interim stay in terms of prayer clause (a), subject to the deposit of the entire compensation amount along with accrued interest thereon in the Court, within three weeks, failing which the ad interim order shall stand vacated without further reference to the Court.

(ABHAY J. MANTRI, J.) adgokar

Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 26/08/2025 17:01:31