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Bombay High CourtIA/14124/2023disposed off

Gujarat State Road Transport Corporation Through Its Divisinal Controller, Gujarat v. Suresh Bedanand Choudhary

2023-08-11Hon'Ble Shri Justice Abhay Ahuja3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14124 OF 2023 IN FIRST APPEAL (ST) NO.18723 OF 2023 GUJARAT STATE ROAD TRANSPORT ) CORPORATION )...APPLICANT V/s.

SHRI.SURESH BEDANAND CHOUDHARY )...RESPONDENT Ms.Punjabi Rajlaxmi i/by Ms.P.M.Bhansali, Advocate for the Applicant/ Appellant.

Mr.T.R.Kale h/f. Mr.T.J.Mendon, Advocate for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

11th AUGUST 2023 P.C. :

1.

This is an application seeking condonation of delay of 105 days in preferring the Appeal impugning the judgment and award dated 18th November 2022 passed by the Motor Accident Claims Tribunal, Mumbai, in Motor Accident Claim Petition No.1444 of 2014. 2.

Learned Counsel for the Applicant / Corporation draws the attention of this Court to paragraphs 2 to 6 of the application to explain the delay. Mr.Kale, learned Counsel for the Respondent, has no particular objection if the delay is condoned. avk 1/3

3.

Having heard the learned Counsel and having perused the application, this Court is of the view that the delay of 105 days in preferring the First Appeal be condoned.

4.

The delay is hereby condoned. Registry is directed to register the First Appeal.

5.

The application stands disposed.

INTERIM APPLICATION NO.14126 OF 2023 6.

This is an application seeking stay to the execution of the impugned judgment and award dated 18th November 2022. 7.

Ms.Punjabi, learned Counsel for the Corporation, submits that the Corporation is apprehending that the judgment and award would be executed and so stay be granted on the execution, subject to deposit of the entire decretal amount.

8.

Mr.Kale, learned Counsel for the Respondent, does not raise any particular objection, if the stay is granted, subject to deposit of the entire decretal amount.

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9.

Having heard the learned Counsel and having perused the application, let the execution to the impugned judgment and award dated 18th November 2022 be stayed, subject to deposit of the entire decretal amount within a period of four weeks. FIRST APPEAL (ST) NO.18723 OF 2023 10.

List on 8th September 2023.

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