Depo. Manager, Maharashtra State Road Transport Corporation And ANR. v. Smt. Suman Ashok Jadhav And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SATISH RAMCHANDRA SANGAR Date:

2024.09.05 15:24:30 +0530 CIVIL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR INTERIM APPLICATION NO.8632 OF 2024 [FOR STAY] WITH INTERIM APPLICATION NO.8633 OF 2024 [FOR DELAY CONDONATION] IN FIRST APPEAL (ST) NO.13609 OF 2024 Depot Manager Maharashtra State Road Transport Corporation and Anr.

...Applicants/Appellants vs.

Suman Ashok Jadhav and Anr.

...Respondents

***** Mr.Abhijeet Bhimrao Phulsunder i/b.Mr.Dhanananjayrao Rananaware:- Advocate for Applicants/ Appellants.

No one is present:- On behalf of the Respondents.

***** CORAM :

S. M. MODAK, J.

DATE :

27th AUGUST 2024 P. C. :- INTERIM APPLICATION NO.8633 OF 2024 1.

Heard learned Advocate for the Appellants. The Respondent No.1 is the Claimant whereas, the Respondent No.2 is the driver of the 1/3

MSRTC.

2.

There is a delay in preferring the Appeal. Notice is duly served on both the Respondents. They have not appeared. 3.

For the reasons stated in the Application, delay is condoned. 4.

In view of that, Application stands disposed of. FIRST APPEAL (ST) NO.13609 OF 2024 5.

Heard.

6.

Issue notice before Admission to Respondent Nos.1 and 2. Already notice is served on them but issue fresh notice on Respondent No.1 returnable on 14th October 2024.

7.

Call Record and Proceeding.

INTERIM APPLICATION NO.8632 OF 2024 8.

Heard.

9.

Stay is granted to the execution of the Award subject to deposit of the amount along with interest within a period of six (6) weeks from today.

10.

In view of that, Interim Application stands disposed of. 11.

The Respondent No.1 - Claimant is at liberty to withdraw 50% of the amount along with interest on usual undertaking. 2/3

12.

If, there is a claim for more amount, he can file an Application. It will be decided on merits.

[S. M. MODAK, J.] 3/3