Authority: Supreme Court of India
Order Date: 21-08-2026
Case Overview
- Parties: Petitioner – M/S ICICI Lombard General Insurance Company Limited; Respondents – Milind Shaymrao Kanhekar & Ors.
- Origin: Special Leave Petition (Civil) Diary No. 38307/2026 arising from the impugned final judgment and order dated 26‑02‑2026 in FA No. 326/2015 passed by the High Court of Judicature at Bombay, Aurangabad.
- Interim Applications: IA No. 235863/2026 (condonation of delay in filing), IA No. 235864/2026 (condonation of delay in refiling/curing defects), IA No. 235862/2026 (exemption from filing O.T.).
- Counsel: Petitioner represented by senior counsel Mr. Gagan Gupta and a team of advocates; Respondents’ counsel not listed.
Observations / Reasoning
- The Court noted a delay of 29 days in filing the petition and a further 13‑day delay in refiling; both delays were condoned.
- The Court directed that notice be issued to the respondents, returnable on 02‑11‑2026.
- An interim stay of the High Court’s impugned order dated 26‑02‑2026 was granted, conditional upon the petitioner depositing the awarded amount together with interest within two weeks from the order date, before the Tribunal.
- The respondents were permitted to withdraw half of the amount deposited by the petitioner, provided they furnish security satisfactory to the Tribunal.
Final Outcome
- The Supreme Court condoned the filing and refiling delays, issued notice to the respondents, stayed the High Court order subject to deposit, and allowed respondents to withdraw half of the deposited amount upon furnishing security.
Topics: Legal Proceedings, Insurance