Maha. State Road Transport Corporation, Through Divisional Controller, Yavatmal v. Manoj Sitaram Gote And Another

1 27-caf-761-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 761 OF 2024 IN FIRST APPEAL (ST) NO. 2232 OF 2024 Maharashtra State Road Transport Corporation Vs.

Manoj Sitaram Gote and another ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri S. C. Mehadia, Advocate for applicant. Shri Vivek Awachat, Advocate for non-applicant no. 1. CORAM :- M. W. CHANDWANI, J.

DATED :- 26.08.2024 Heard.

2.

There is delay of 222 days in filing the appeal. The non-applicant no. 1 submits that the application be allowed.

3.

For the reason mentioned in application, the delay in filing the appeal is condoned. The appeal be registered. The application is disposed of accordingly. FIRST APPEAL (ST) NO. 2232 OF 2024 4.

Heard.

5.

Admit.

6.

Issue notice to the respondents, returnable within three weeks.

RR Jaiswal

2 27-caf-761-24.odt 7.

Shri Vivek Awachat, learned counsel waives service for respondent no. 1.

8.

Since, the entire decretal amount has been deposited by the appellant, there shall be stay to execution of the impugned award till disposal of the appeal.

9.

It is common ground that in connecting First Appeal No. 298/2024, the paper-book is already been filed. Hence, filing of paper-book in this appeal is dispensed with.

10.

List the present appeal with First Appeal No. 298/2024.

CIVIL APPLICATION (CAF) NO. 1891 OF 2024 11.

Considering the submissions of the learned counsel for the appellant, respondent no. 1 is permitted to withdraw an amount of Rs. Four Lakhs from the amount deposited by the appellant.

12.

The application is disposed of accordingly.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 27/08/2024 10:55:16 RR Jaiswal