Shankar Dnyandevrao Pawar and Ors. v. the New India Assurance Co. Ltd. through Its Branch Manager
Case brief
What is this about?
Condonation of 58 days' delay in filing first appeal; stay of execution of impugned judgment and award till pendency of appeal; entire awarded amount deposited in Court; partial withdrawal permitted - 50% of deposited amount with accrued interest on usual undertaking to Registrar (Judicial); balance in fixed deposit in nationalized bank till disposal of appeal; applicant/appellant Shankar Dnyandevrao Pawar; respondent No.1 The New India Assurance Co Ltd (Branch Manager); advocates Pawankumar Surykiren Agrawal (applicant/appellant) and Aniruddha S. Usmanpurkar (respondent No.1); clubbed Civil Applications 12155/2025, 7106/2025 and 7107/2025 in FAST/19421/2025; decided 25th February, 2026 by Justice Sanjay A. Deshmukh, Aurangabad Bench, Bombay High Court; notice returnable 17th June, 2026; record and proceedings called; no statutes or case precedents cited.
What did the court decide?
Delay of 58 days in filing the first appeal condoned and appeal ordered registered; execution of the impugned judgment and award stayed till pendency of the appeal (entire awarded amount already deposited in Court); applicant permitted to withdraw 50% of the deposited amount with accrued interest on furnishing usual undertaking to the Registrar (Judicial); balance directed to be kept in fixed deposit in any nationalized bank till disposal of the appeal; notice to respondents returnable 17th June, 2026 with waiver recorded for respondent No.1; record and proceedings called for.