Divisional Controller, Yadgir vs Dnyaneshwar Uddhav Vyavhare
2021 Latest Caselaw 14087 Bom

                   sat                                                           14. ia 1096-2021 & 1098-2021



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 1096 OF 2021 (FOR DELAY)
                                                           AND
                                     INTERIM APPLICATION NO. 1098 OF 2021 (FOR STAY)
                                                            IN
                                           FIRST APPEAL (ST) NO. 6190 OF 2021

                         Divisional Controller,
                         North East Karnataka Road Transport Corporation ...Applicant/Appellant
                                vs.
                         Dnyaneshwar Uddhav Vyavhare                          ...Respondent

                         Mr.C.M. Lokeshappa for Applicant.

                                                               CORAM : BHARATI DANGRE, J.

DATED : 29 SEPTEMBER 2021

P.C. :

INTERIM APPLICATION NO. 1096 OF 2021

1. By the present application, the Appellant seeks relief of condonation of delay of 314 days in instituting the first appeal for the reasons stated in the application.

In spite of notice being served in furtherance of order dated 17 August 2021 and an affidavit of service of notice being filed on record, none appears for the Respondent.

As far as the notice issued by the Registry is concerned, it is recorded that the notice issued on 9 September 2021 is yet to be received. Await service of Respondent.

            Digitally
            signed by
            SANSKRUTI
SANSKRUTI   A THAKUR
A THAKUR    Date:
            2021.09.30

            10:47:35
            +0530
 sat                                                        14. ia 1096-2021 & 1098-2021

INTERIM APPLICATION NO. 1098 OF 2021

2. Learned Counsel for the Appellant, on instructions, states that the Appellant is ready and willing to deposit the entire amount awarded by the impugned judgment along with the interest levied in terms of the said judgment before the MACT at Baramati within a period of six weeks from today. Since the said statement is made by learned Counsel for the Appellant, it is directed that the Appellant shall abide by the said statement and deposit the amount within six weeks from today. Subject to such deposit, the effect of the judgment and order dated 30 December 2019 in MACP No.187/2016 is stayed.

4. List the applications for further hearing after completion of service of notice to the Respondent.

(SMT. BHARATI DANGRE, J.)