Maharashtra State Road Transport ... vs Suraj Laltaprasad Jaisawal
2022 Latest Caselaw 11898 Bom

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 NIJASURE Date: 2022.11.23
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                                                                      13-fa-545-2021.doc

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                      FIRST APPEAL NO.545 OF 2021
                                                 WITH
                                  INTERIM APPLICATION NO.2796 OF 2020

        Maharashtra State Road Transport Corporation ...Applicant/
                                                     Appellant

                      Versus

        Suraj Laltaprasad Jaiswal                                     ...Respondent

                                                     ----------
        Ms. Riddhi Doshi for the Applicant / Appellant.
        Mr. Uday Mehta for Respondent.
                                                     ----------

                                             CORAM :         R.I. CHAGLA J

                                              DATE       :   21ST NOVEMBER, 2022

        ORDER :

1. Heard learned Advocate for the Applicant / Appellant.

2. The Interim Application has been filed in the First Appeal

for stay of the operation of the Judgment and Order dated 25th

November, 2019 passed by the Member of the M.A.C.T., Mumbai

being Application No.238 of 2014. By the impugned order, the

Tribunal had ordered the Appellants to pay Rs.25,000/- including

13-fa-545-2021.doc

NFL amount along with interest thereon @ 8% p.a. from 10th

October, 2012 till realization.

3. The Appellant has filed the First Appeal from the

impugned order and they have stated that there are fair chances of

succeeding in the First Appeal. They have further stated that they are

ready and willing to deposit such amount as desire by this Court.

4. In that view thereof, the following order is passed:-

(i) The Judgment and Order dated 25th November, 2019

passed by the Member of MACT, Thane in MACP No.238 of 2014

is stayed subject to the Applicant depositing the entire amount

within six weeks from the date of this Order.

(ii) In the event the Applicant fails to deposit entire amount

within six weeks, the relief shall stand vacated without further

reference to the Court.

(iii) After depositing the amount, the Applicant shall inform the

Respondents-Claimants about the factum of deposit within one

week.

(iv) The Respondents are at liberty to withdraw 50% of the

13-fa-545-2021.doc

amount that would be deposited by the Applicant before the

concerned MACT upon furnishing an undertaking as against

disbursement of the amount that if the Appellant succeeds in the

Appeal, the Respondents shall return the amount with interest at

such rate as would be directed by this Court.

(v) If 50% amount is withdrawn by the Respondents, balance

amount shall be invested by the MACT in a fixed deposit in a

Nationalized Bank.

(vi) The Interim Application stands disposed of.

[ R.I. CHAGLA J. ]