Maharashtra State Road Transport Corporation v. Smt. Bebi Gorakh Hol And ORS

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.877 OF 2014 IN FIRST APPEAL (ST.) NO.19827 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.C.M.Lokesh i/b Mr.G.S.Hegde and Associates for the applicant Mr.Vaibhav Gaikwad for the respondent CORAM : K. K. TATED, J DATE : APRIL 10, 2019 P.C.:

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Heard.

By this Civil Application Applicant is seeking stay to the operation and implementation of the impugned judgment and award dated 11.3.2013 passd by MACT, Satara in MACP No.261 of 2011.

The learned counsel for the Applicant submits that as per order dated 19.03.2014 1/3

passed by this court, they already deposited entire awarded amount in the Tribunal on 22.04.2014. Statement is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application. Hence, following order is passed:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) That pending admission and disposal of the above appeal against the Judgment and Award passed by Motor Accident Claims Tribunal, at Satara in Motor Accident Claim Petition No.261 of 2011 dated 11.3.2013 be stayed."

B) Tribunal is directed to deposit entire awarded amount in the fixed deposit of any nationalized bank initially for a period of one year and same be continued till further orders.

C) Liberty granted to the Respondent original Claimant to prefer appropriate application for withdrawal of awarded amount and that 2/3

be decided on its own merits.

D) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) 3/3