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Bombay High CourtCAF/3176/2018ca disposed off

Maharashtra State Road Transport Corporation Thr. Its Divisional Controller At Chandrapur v. Smt. Asmita Wd/O Kawdu Pote And Others

2023-07-20Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 corrected order 6 caf 3176-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.3176/2018 IN FIRST APPEAL ST. NO.16229/2018 Maharashtra State Road Transport Corporation, thr. Its Depot Manager, Chandrapur Vs.

Smt. Asmita wd/o Kawdu Pote and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.H. Kedar, Advocate for appellant Shri A.R. Rishi, Advocate for respondent Nos.1 to 4 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

20/07/ Shri A.R. Rishi, learned Counsel gave his appearance for respondent Nos.1 to 4. Learned Counsel Shri Rohit Joshi, Shri M.A. Deo and Ms Surabhi V. Kaplay are hereby discharged.

CIVIL APPLICATION (CAF) NO.3176/2018 1.

The present application is filed for condonation of delay in filing First Appeal. There is delay of 84 days.

2.

For the reason stated in the application, delay in filing First Appeal is hereby condoned.

3.

The Registry is directed to register the First Appeal.

4.

The application stands disposed of.

CIVIL APPLICATION (CAF) NO.3177/2018 1.

The present application is filed for grant of

2 corrected order 6 caf 3176-2018 stay. In view of the fact that total decreetal amount of Rs.1,07,63,589/- is already deposited on 11/05/2019, there shall be stay to the effect and execution of the impugned judgment during the pendency of the appeal.

2.

The application stands disposed of.

CIVIL APPLICATION (CAF) NO.2003/2023 1.

The present application is filed for grant of early hearing of First Appeal.

2.

It is submitted that appellant No.6 is already dead and appellant No.5 is 81 years old. As such, the application is allowed.

3.

List the matter for final hearing on 22/08/2023 at 2.30 p.m.

FIRST APPEAL ST. NO.16229/2018 1.

Heard.

2.

Admit.

3.

This matter be listed for hearing alongwith First Appeal No.991/2018.

4.

Paper book is dispensed with.

JUDGE R.S. Sahare Note:

Correction is carried out as per Court's order dated 14/06/2024.