The M.S.R.T. Corporation, Mumbai vs Mr. Surendra Balwant Salunkhe
2022 Latest Caselaw 13143 Bom

                                                                       6-IA-30163-22.doc

Sharayu Khot.
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO. 30163 OF 2022
                                            WITH
                         INTERIM APPLICATION NO. 30164 OF 2022
                                            WITH
                          FIRST APPEAL (ST) NO. 30259 OF 2022


      The M.S.R.T. Corporation                                  ...Applicant

                Versus

      Mr. Surendra Balwant Salunkhe                             ...Respondent

                                           ----------
      Ms. Gargi Warunjikar i/by Nitesh Bhutekar for the Applicant.
                                           ----------

                                           CORAM : R.I. CHAGLA J

                                             DATE       : 16 December 2022

      ORDER :

1. Matter has been circulated in view of the impugned

judgment and award passed by M.S.R.T.C., Mumbai in MACP No.

2113 of 2015 dated 25th April 2022 being executed against

Appellant.

2. The Appellant had filed the present First Appeal in which

6-IA-30163-22.doc

there was a delay of 62 days for which the Application is made for

condonation of delay.

3. The Interim Application has not been served on the

Respondent/Claimant.

4. In the Interim Application No. 30164 of 2022, where a

stay has been sought of the implementation of the impugned

judgment and award passed by MACT, the learned Counsel appearing

for the Appellant undertakes to deposit the entire amount awarded

by MACT, Mumbai with accrued interest within a period of six weeks

from the date of this order. Statement is accepted.

5. In view of the statement made, there shall be ad-interim

relief granted in terms of prayer clause (a) of the Interim Application

No. 30164 of 2022, subject to deposit of the above amount with the

MACT, Mumbai.

6. If the Appellant fails to deposit entire amount within six

weeks, ad-interim relief shall stand vacated without further reference

to the Court. After deposit of the amount, the Appellant shall inform

6-IA-30163-22.doc

the Respondent/Claimant about the factum of the deposit within one

week therefrom.

7. Issue notice to the Respondent/Claimant in Interim

Application No. 30163 of 2022, Interim Application No. 30164 of

2022 as well as in First Appeal (St) No. 30259 of 2022, returnable on

16th January 2023.

[R.I. CHAGLA J.]