Maharashtra State Road Transport Corporation Through Its Divisional Controller, Nagpur v. Bandu S/O Jagan Ghorpade

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.1453 of 2020 in Civil Application [CAF] No.960 of 2020 in First Appeal St. No.4493 of 2020 M.S.R.T.C., through its Divisional Controller, Nagpur vs.

Bandu Jagan Ghorpade =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri P.V. Ghare, Advocate h/f Shri P.S. Gawai, Advocate for the Applicant/Appellant.

Shri A.S. Ghatole, Adocate for the Respondent.

CORAM

: S.M. MODAK, J.

DATE : 7 th DECEMBER, 2020.

Heard.

According to the appellant, the decretal amount along with the interest comes to Rs.5,89,126/-, whereas, according to the respondent/claimant, it is much more than that. The appellant can be directed to give statement of calculations to the respondent. Hence, the directions.

I.

The appellant is permitted to deposit Rs.5,89,126/-.

II.

Nazar is directed to accept that amount.

III.

The appellant is directed to furnish statement of calculations to the respondent.

IV.

If the respondent is not satisfied, he will be at liberty to move an application for issuing necessary directions to the appellant.

2/3 Civil Application [CAF] No.960/2020:

Heard.

The Motor Accident Claims Tribunal at Nagpur vide judgment dated 17/08/2019 was pleased to direct the present appellant to pay the compensation. The appellant is aggrieved by the said decision. It took some time for the appellant to complete the office procedure, that is why there is a delay. It is opposed on behalf of the respondent. The reasons are convincing. Hence, the order :

i.

Delay of 103 days caused in preferring the appeal is condoned.

ii. Appeal be registered.

iii. The application is allowed and disposed of accordingly.

First Appeal St.No.4493/2020 :

Heard.

Admit.

Shri Ghatole, learned Advocate waives notice for the respondent.

Call for record and proceedings.

Civil Application [CAF] No.961/2020 :

Heard.

Today, the appellant intends to deposit Rs.5,89,126/-. Subject to depositing of that amount, the execution of the impugned judgment is stayed till disposal of the appeal.

3/3 On depositing the said amount, the respondent will be at liberty to move an application for withdrawal of the same and it will be considered on merits.

The application is allowed and disposed of accordingly.

JUDGE *sandesh