Vinod S/O Bhimrao Bhalavi v. Maharashtra State Road Transport Corporation Through Divisional Officer, Amravati And Another

2024:BHC-NAG:1820 16-CAF-2556-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO. 2556 OF 2023 IN FIRST APPEAL NO. 213 OF 2021 (D) (Vinod s/o Bhimrao Bhalavi Vs. Maharashtra State Road Transport Corporation & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Ms Aastha Sharma h/f Shri P.R. Agrawal, Counsel for the appellant.

Shri V.H. Kedar, Counsel for non-applicant no.1. .....

CORAM : ANIL L. PANSARE, J.

FEBRUARY 14, 2024.

On previous date, the following order was passed :

"In compliance of order dated 24.01.2024, respondent no.1-Divisional Controller, Amravati is present in the Court. He has also tendered a pursis stating therein that the amount of award has been deposited before the Motor Accident Claims Tribunal, Amravati. Copy of the report has been also annexed with it.

The pursis and report are taken on record.

The report indicates that certain correspondences were made for filing appeal against order passed by this Court. However, copies of documents are not annexed. Prima facie, the reasons put forth for non compliance of order are not satisfactory. The Divisional Controller states in his report that on 25.02.2022, the order was passed by this Court in the miscellaneous civil application filed by the Divisional Controller. The Divisional Controller was directed to deposit the award amount of Rs.18,14,000/- along with interest at the rate of 7.5% per annum. Divisional

16-CAF-2556-2023 Controller states that letter in this regard was received by the office on 31.05.2022. There is, thus, no justification as to what had happened between the period from 25.02.2022 till 31.05.2022.

One more opportunity is given to the Divisional Controller to explain non compliance of the order and further to place on record the documents, which he intends to rely upon.

For further consideration stand over to 14.02.2024."

2] The learned Counsel for non-applicant no.1 has filed across the bar an affidavit sworn by the Divisional Controller stating therein that between the period from 25/2/2022 till 31/5/2022, the office was shut because of strike called by the employees. The affidavit is taken on record.

3] The learned Counsel submits that the entire amount of compensation has been deposited.

4] In view thereof, nothing survives in the application. The same is accordingly disposed of. (ANIL L. PANSARE, J.) Sumit