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Bombay High CourtCA/7079/2017disposed off

The Div. Controller, Msrtc Divisional Office, Jalgaon v. Tarannum Bano Abdul Raheem Shaikh And ORS

2021-03-12Hon'Ble Shri Justice N. J. Jamadar2 pages

(1) ca7079.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 7079 OF 2017 IN FAST/11746/2017 THE DIV. CONTROLLER, MSRTC DIVISIONAL OFFICE, JALGAON VS TARANNUM BANO ABDUL RAHEEM SHAIKH AND ORS Mr. Manoj Shinde, Advocate for the applicant CORAM :

N. J. JAMADAR, J.

DATE :

12-03-2021 P. C.

.

The applicant-original respondent has preferred this application seeking stay to the execution and operation of the judgment and award dated 08-08-2016 passed by the MACT, Amalner in MACP No.47/2013.

2.

Learned counsel for the applicant submits that by order dated 09-06-2017, notices were issued to the respondent Nos. 1 to

6. However, notices were returned unserved for want of time. Now, the claimants have claimed execution before the tribunal. Learned counsel for the applicant submits that the applicant is ready to deposit the entire amount of compensation alongwith interest accrued thereon within a period of eight weeks from today.

(2) ca7079.17 3.

In view of aforesaid submission, the execution and operation of the impugned judgment and award dated 08-08-2016 passed in MACP No. 47 of 2013 stands stayed till the decision of civil application No.7078/2018 taken out by the applicant for condonation of delay in preferring the appeal, subject to condition of deposit of entire amount of compensation alongwith interest accrued thereon within a period of eight weeks from today. 4.

In the event, the aforesaid amount is not deposited within stipulated period, the respondents would be at liberty to execute the award.

5.

The application stands disposed of.

[ N. J. JAMADAR, J. ] VishalK/ca7079.17