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Bombay High CourtMCA/33/2026allowed

Smt. Swati Vijay Bogawar And Another v. M.S.R.T.C. At Vahatuk Bhavan,Dr. Anandrao Nair Marg, Mumbai Office At Yavatmal Thr. Controller,

2026-01-16Hon'Ble Shri Justice Pravin S. Patil2 pages

1/2 938.mca.33.2026 in fa.1228.2010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 33 OF 2026 IN FIRST APPEAL NO. 1228 OF 2010 (D) (Smt. Swati Vijay Bogawar & Anr. V/s Maharashtra State Road Transport Corporation & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. B. D. Vora, Advocate for Applicants.

---------------------------

CORAM

:

PRAVIN S. PATIL, J.

DATE :

JANUARY 16, 2026.

.

Heard.

2.

By this Application, the Applicants are seeking review of the Judgment and order dated 4/11/2025 passed by this Court in First Appeal No.1228/2010 to the extent of reduction of rate of interest from 9% per annum to 6% per annum. In support, the Applicants have relied upon the Judgment of the Hon'ble Supreme Court of India in the case of Bhartiben Nayabha Ker & Ors. V/s Sidabha Pethabha Manke & Ors. II (2018) ACC 634 (SC), whereby the Hon'ble Supreme Court has held that once the rate of interest of 9% per annum has been awarded by the Tribunal, same cannot be reduced to 6% per annum.

3.

Issue notice to the Respondents, returnable after three weeks.

2/2 938.mca.33.2026 in fa.1228.2010.odt 4.

In addition to regular mode of service, the Applicants are permitted to serve the Respondents by all modes of private service, as permissible in Rules, and file affidavit of service on or before the next date.

[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 17/01/2026 17:23:14