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Bombay High CourtIA/13813/2024disposed off

Maharashtra State Road Transport Corporation, Through Divisional Controller, Nashik v. Gorakh Bhila Ahire And ORS.

2024-10-10Hon'Ble Shri Justice S. M. Modak2 pages

P-6-IA(ST)-29352-2024+IA(ST)-19730-2023-IN-FA(ST)-19728-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR INTERIM APPLICATION (ST) NO.29352 OF 2024 [FOR DELAY CONDONATION AND RESTORATION] WITH INTERIM APPLICATION (ST) NO.19730 OF 2023 SATISH RAMCHANDRA SANGAR Date: 2024.10.15 12:01:22 +0530 [FOR STAY] IN FIRST APPEAL (ST) NO.19728 OF 2023 Maharashtra State Road Transport Corporation Through : Divisional Controller, Nashik ...Applicant In the matter between:- Maharashtra State Road Transport Corporation Through : Divisional Controller, Nashik ...Appellant V/s.

Gorakh Bhila Ahire and Ors.

...Respondents

***** Mr.Prathamesh Mandlik a/w Mr.Animeshsingh Bayas i/b.

Mr.Nitesh Bhutekar:- Advocates for Applicant/Appellant.

***** CORAM :

S. M. MODAK, J.

DATE :

10th OCTOBER 2024 P. C. :- INTERIM APPLICATION (ST) NO.29352 OF 2024 1.

Heard learned Advocate for the Applicant - Appellant. 2.

Their Appeal was dismissed for non removal of Office objections Satish Sangar 1/2

P-6-IA(ST)-29352-2024+IA(ST)-19730-2023-IN-FA(ST)-19728-2023.doc as per the conditional order dated 10th May 2024. The Respondent Nos.2 and 3 who are minors were not properly described. The Respondent No.1 ought to have been described as a Guardian of Respondent Nos.2 and 3. The statutory deposit is also not paid. 3.

Learned Advocate for the Applicant undertakes to remove those Office objections within one (1) week. He may also remove other Office objections within two (2) weeks. Subject to that, Appeal is restored.

4.

Interim Application is disposed of in terms of prayer clauses (a) and (b).

INTERIM APPLICATION (ST) NO.19730 OF 2023 5.

Stay is granted to the execution of Award subject to deposit of awarded amount along with interest within a period of six (6) weeks. The Respondent Nos.1 to 3 are permitted to withdraw 50% of deposited amount along with interest subject to undertaking .

6.

Apportionment be made as per the Award.

FIRST APPEAL (ST) NO.19728 OF 2023 7.

Appeal be listed on 14th November 2024 subject to removal of Office objections.

[S. M. MODAK, J.] Satish Sangar 2/2