Babasaheb Fakira Bansode v. Divisional Controller Maharashtra State Road Transport Corporation
17 CA NO. 2425 OF 2026.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 2425 OF 2026 IN FAST/31883/2023 Babasaheb Fakira Bansode
VERSUS
Divisional Controller Maharashtra State Road Transport Corporation ...
Ms. Mangal M. Chavan h/for Ms. Sangita P. Daud, Advocate for Applicant Mr. Babasaheb F. Bansode, Advocate for Respondent WITH CIVIL APPLICATION NO. 14900 OF 2023 IN FAST/31883/2023 WITH CIVIL APPLICATION NO. 14901 OF 2023 IN FAST/31883/2023 ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 04.03.2026 PER COURT :- APPLICATION FOR STAY This is an application seeking stay to the execution of the impugned judgment and award.
The learned advocate for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.
In view of the above, the application is allowed in terms of prayer clause 'B' and disposed of.
(( 2 )) APPLICATION FOR WITHDRAWAL OF AMOUNT This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. Heard.
Learned advocate for respondent strongly opposed the application.
4.
Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::
a.
The application is partly allowed.
b.
The applicants are permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.
(( 3 )) APPLICATION FOR DELAY Heard the learned Advocates for the parties.
This is an application for condonation of delay of 133 days caused in filing the first appeal.
The learned Advocate for respondent strongly opposed the application and submitted that there is no sufficient reason to condone the delay.
4.
Perused the application. For the reasons stated therein, it appears that the delay is occasioned on account of administrative exigency. Hence, sufficient cause is made out to condone the delay. The application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence, the following order:
::ORDER::
a.
Civil Application is allowed and disposed of. b.
The delay of 133 days caused in filing the first appeal is condoned.
(( 4 )) FIRST APPEAL Issue notice to the respondents, returnable on 24.06.2026 Ms. Mangal M. Chavan holding for Ms. Sangita P. Daud, learned Advocate waives service of notice for Respondents. Call Record & Proceedings.
[ SANJAY A. DESHMUKH, J. ] HRJadhav