Bombay High CourtIA/15361/2024dismissed for noncomplying conditional order

Maharashtra State Road Transport Corporation Thr.The Divisional Controller v. Manoj Ganpat Vitmal

2025-05-08Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

Manoj 909-IA-15361-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15361 OF 2024 IN FIRST APPEAL (ST) NO.31657 OF 2024 Maharashtra State Road Transport Corporation Through the Divisional Controller, Mumbai ...Applicant V/s.

Mr. Manoj Ganpat Vitmal

...Respondent

Mr. D. D. Rananaware, for the Applicant.

Mr. Sarvesh Deshpande i/by Mr. Bharat Gadhavi, for the Respondent and for Applicant in IA/8200/2025.

CORAM : SHYAM C. CHANDAK, J.

DATED : 08th MAY, 2025 P.C. :- .

The Registrar (Judicial-II) has passed the conditional Order on 13th February 2025, that if copy of the Application is not supplied within two weeks without fail, the Interim Application would stand dismiss without further reference to the Court of Registrar. 2) Mr. Rananaware, learned Advocate for the Applicant tendered photocopy of undated letter addressed to the Registry to take on record copy of the aforesaid Interim Application for issuing notice to the Respondent and to acknowledge the receipt thereof. The letter bears an acknowledgment by the Registry indicating that the copy was received on 12th February, 2025. The said undated letter is taken on record. 1/2

Manoj 909-IA-15361-2024.doc 3) Thus, it is clear that the copy which was supplied to the Registry, was not brought to the notice of the Registrar. Consequently, the Interim Application stood dismissed for not complying with the conditional Order.

4) In view thereof, Interim Application No.15361 of 2024 is restored with immediate effect.

5) Mr. Rananaware, the learned Advocate for the Applicant states that, as per the interim stay Order dated 04th December 2024, the Applicant has deposited the entire Award amount alongwith accrued interest in Motor Accident Claims Tribunal, Mumbai. 6) In view thereof, the Application is allowed in terms of prayer clause (a) and stands disposed of.

PREETI HEERO JAYANI (SHYAM C. CHANDAK, J.) PREETI HEERO JAYANI Date: 2025.05.13 13:48:58 +0530 2/2