The Div. Controller, M.S.R.T.C., Dhule v. Manohar Gyanba Gaikwad And ORS

( 1 ) ca938.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 938 OF 2021 WITH CIVIL APPLICATION NO. 939 OF 2021 IN FA/46/2021 THE DIV. CONTROLLER, M.S.R.T.C., DHULE

VERSUS

MANOHAR GYANBA GAIKWAD AND ORS Mr.Nitin S. Salunke h/f. Mr.D.S. Bagul, Advocate for the applicant.

Mr.Suniket A. Kulkarni, Advocate for the respondents. CORAM : N.J.JAMADAR, J.

DATE :

04.03.2021 PC :- CIVIL APPLICATION NO. 938 OF 2021 01.

In view of remark of the Registry that the appeal is filed within stipulated period, the application for condonation of delay does not survive and accordingly stands disposed of.

CIVIL APPLICATION NO. 939 OF 2021 01.

This is an application for stay to the execution and operation of the judgment and award in MACP No.881 of 2013 dated 30.01.2020, passed by the MACT, Dhule. 02.

Heard learned Counsel for the appellant and

( 2 ) ca938.21 learned Counsel for the respondents-claimants. 03.

Learned Counsel for the appellant submits that the appellant is ready to deposit 50% of the amount of compensation along with interest accrued thereon, within a period of four weeks from today.

04.

In view of aforesaid submissions and having regard to the nature of the issues, which would warrant consideration in the appeal, the execution and operation of the impugned judgment and award dated 30.01.2020 in MACT No.881 of 2013 is stayed till final disposal of the appeal, subject to condition of deposit of 50% of the amount of compensation awarded by the Tribunal along with interest accrued thereon till date of deposit, within a period of four weeks from today.

05.

In the event of default on the part of the appellant to deposit the aforesaid amount, the respondents-claimants shall be at liberty to execute the award before the Tribunal.

06.

The application stands disposed of.

[N.J.JAMADAR,J.] snk/2021/MAR21/ca938.21