The Divisional Controller, Maharashtra State Road Transport Corporation v. Sunil Vitthal Netke And Others

ca9427.13 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9427 OF 2013 IN FAST/20171/2013 WITH CA/9428/2013 IN FAST/20171/2013 WITH CA/9432/2013 IN FAST/20168/2013 WITH CA/9433/2013 IN FAST/20168/2013 THE DIVISIONAL CONTROLLER MSRTC THR DIVNL OFFICER AHMEDNAGAR

VERSUS

INDUBAI PUNJAJI BHENDALE AND ORS ...

Advocate for Applicant : Mr. Goyanka M. K.

Advocate for Respondent No.2 : Mr. S.R. Sambre h/f Mr. N.V. Gaware Advocate for Respondent No.3 : Mr. R.D. Borde h/f Mr. U.S. Matle .....

CORAM : V. K. JADHAV, J.

DATED : 3rd FEBRUARY, 2017 PER COURT:- 1.

None present for respondent No.1 original claimant though duly served.

2.

Learned counsel appearing for the applicants submits that due to some official procedure the appeals could not be preferred within time. Learned counsel appearing for respondents strongly resisted the applications. However, in view of above and for the reasons stated in civil applications, delay caused in preferring first appeals is hereby condoned. Civil applications are allowed and disposed of. 3.

In first appeals, issue notice to the respondents, returnable on

ca9427.13 -217.03.2017. Learned counsel waive notice for respective respondents.

4.

In so far as stay applications are concerned, learned counsel for the applicant submits that the applicant M.S.R.T.C. has deposited the entire amount to the extent of liability saddled on the applicant MSRTC by the Tribunal. In view of above, the execution of judgment and award under appeals is stayed to the extent of liability of the applicant M.S.R.T.C.. Stay applications are accordingly disposed of. ( V. K. JADHAV, J.) rlj/