Maha. State Road Transport Corporation, Thr. Divisional Controller, Gadchiroli Division, Gadchiroli v. Suresh Dadaji Aakhade (Deceased) Thr. Lrs.

wp 1711.23.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1711/2023 (MSRTC, Gadchiroli V Suresh and others) ************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************* Mr. A.S. Mehadia, Adv for petitioner.

CORAM : AVINASH G GHAROTE, J.

DATE : 20-03-2023 The petition challenges the order dated 03-12-22 (pg 22) passed by the learned District Judge-1, Gadchiroli, insofar as it imposes the condition of furnishing of bank guarantee by way of security of Rs. 10 lacs or by deposit of the same in the Court within the time stipulated therein, on the ground that the petitioner has to receive more than Rs. 47 lacs from the respondents and at least 50% of the said amount has to be deposited.

2.

The condition of grant of stay is at the discretion of the Court and such a discretion has to be exercised in the manner in which the condition does not become onerous or incapable of fulfillment so as to this meaning and purpose whatsoever. The amount of Rs.10 lacs is more than 20% of the arrears claimed, considering which, I do not see any reason to interfere in the order impugned in this petition, the petition is

wp 1711.23.

2/2 4 therefore dismissed.

3.

However, considering the nature of the proceeding, the District Judge-1 is requested to decide the matter as expeditiously as possible.

JUDGE Deshmukh