Maharashtra State Road Transport ... vs Prabhakar Rambhau Ghogare And Ors
2022 Latest Caselaw 4495 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                  FIRST APPEAL (ST) NO.21654 OF 2021
                                   WITH
                 INTERIM APPLICATION NO.2794 OF 2022
                                   WITH
                 INTERIM APPLICATION NO.2793 OF 2022


Maharashtra State Road Transport             ..     Appellant
Corporation      through Division
Controller, Raigad

                       Versus

Prabhakar Rambhau Ghogare & Ors.             ..     Respondents


                                       ...

Mr.Dhananjayrao D. Rananware with Mr.Manjeet Lotankar for
the Appellant.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 27th APRIL, 2022

P.C:-

INTERIM APPLICATION NO.2793 OF 2022

1. By the present application, the delay is sought to be condoned, but the offce note indicates that there is no delay.

In the wake of the above, the application stands disposed off.

M.M.Salgaonkar





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INTERIM APPLICATION NO.2794 OF 2022

2. By the present application, the appellant/M.S.R.T.C. seeks stay of the impugned Judgment and Award passed by the M.A.C.T., Mangaon, Raigad in M.A.C.P.No.32 of 2019. The learned counsel for the appellant would submit that the appellant has a good case on merits as the Tribunal has failed to take into consideration the contributory negligence of the deceased.

In any case, he submits that the entire amount awarded under the impugned Judgment alongwith interest, computed upto 31/03/2022, shall be deposited before the Tribunal within a period of eight (8) weeks from today. Subject to the aforesaid deposit, there shall be stay to the effect and operation of the impugned Judgment.

FIRST APPEAL (ST) NO.21654 OF 2021

3. Issue notice to the respondents, making it returnable on 21/07/2022.

4. Hamdast granted.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar