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Bombay High CourtCA/8256/2013dismissedrule discharged

The State Of Maharashtra v. M.S.R.T.C. Through Divisional Controller, Latur And Another

2015-02-26Hon'Ble Shri Justice M.T. Joshi2 pages

CA-8255-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8255 OF 2013 IN FIRST APPEAL (ST.) NO. 15050 OF 2013 (DELAY) AND CIVIL APPLICATION NO. 8256 OF 2013 IN FIRST APPEAL (ST.) NO. 15050 OF 2013 (STAY) The State of Maharashtra .. Applicant

VERSUS

M.S.R.T.C. through Divisional Controller, Latur and anr.

.. Respondents ---- Mr. S.P. Daund, AGP for the applicant/State Mrs. Ranjana Reddy, Advocate for respondent no.1 Mr. D.B. Rode, Advocate for the respondent no.2 ---- CORAM : M.T. JOSHI, J.

DATE : 26/02/2015 ORAL ORDER :

1.

Heard both sides.

2.

The provisions of Sub-Section 2 of Section 173 of the Motor Vehicles Act, 1988 reads as under:- "173. Appeals. - .....

(2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees."

CA-8255-2013 3.

The present appeal is directed against the award granting amount of Rs.3,556/-. In the circumstances, the appeal itself is not maintainable. 4.

The application for condonation of delay (CA/8255/2013) as well as the application for grant of stay to the execution of the impugned award (CA/8256/2013) are hereby dismissed.

[M.T. JOSHI] JUDGE arp/