Maharashtra State Road Transport Corporation Limited, Mumbai Through Its Divisional Controller v. Smt. Jeevan Ashok Kohli And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1616 OF 2013 IN FIRST APPEAL NO.1278 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Yashdeep P. Deshmukh for the applicant CORAM : K. K. TATED, J DATE : APRIL 4, 2019 P.C.:

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Heard.

By this Civil Application, Applicant Maharashtra State Road Transport Corporation Ltd. is seeking stay of the operation and implementation of the judgment and award dated 23.10.2012 passed by MACT, Pune in MACP No.21 of 2011.

The learned counsel for the Applicant submits that they already deposited entire awarded amount in the Tribunal on 1/3

26.07.2017. Statement is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (b) which reads thus:

"(b) Pending the hearing and final disposal of the First Appeal, the impugned judgment and order dated 23/10/2012 passed by Ld.Member, MACT, Pune partly allowing the Claim Petition whereby an award to the tune of Rs.8,21,250/- with proportionate costs is awarded to the Respondents i.e. Orig. Petitioners, may kindly be stayed."

B) Tribunal is directed to deposit entire awarded amount in fixed deposit of any nationalised bank initially for a period of one year and same is continued till further orders. C) Civil Application No.4275 of 2013 preferred by the claimant for withdrawal of 2/3

amount be decided on its own merits.

D) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 3/3