Maharashtra State Road Transport ... vs Smt. Meenabai Dinesh Patil And Ors
2023 Latest Caselaw 7890 Bom

                                      1 23 fast 13996-18 with caf 4207-18 and 4208-18-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                         FIRST APPEAL (ST.) NO.13996 OF 2018
                                         WITH
                          CIVIL APPLICATION NO.4207 OF 2018
                                         WITH
                          CIVIL APPLICATION NO.4208 OF 2018
                                           IN
                         FIRST APPEAL (ST.) NO.13996 OF 2018

 Maharashtra State Road Transport Corporation                            ... Appellant
       Vs.
 Smt. Meenabai Dinesh Patil and ors.                                     ... Respondents
                                  -------

 Ms.Drishti Jain h/f Ms.P.M.Bhansali, Advocates for the Appellant.
 None for the Respondents.

                                           -------

                            CORAM :     ABHAY AHUJA, J.

                            DATE :      04 AUGUST, 2023.


 P.C. :


 CIVIL APPLICATION NO.4207 OF 2018

1. This is an application seeking condonation of delay of 102 days in

preferring an appeal against judgment and award dated 23 rd August, 2017

passed by the Motor Accident Claims Tribunal, Mumbai in Claim

Application No.818 of 2012.

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2 23 fast 13996-18 with caf 4207-18 and 4208-18-c.doc

2. Ms.Drishti Jain, learned counsel for the Appellant submits that the

delay has been caused as stated in paragraph No.2 of the said application.

Learned counsel submits that the Respondents have been served and an

affidavit of service dated 23rd June, 2023 has also been filed on record

which indicates service to Respondents/Claimants. The Respondents

though served, are not present / not represented.

3. Having heard the learned counsel and having perused the

application, this court is of the view that there is sufficient cause in

condoning of the delay in filing the appeal.

4. Let the delay be condoned.

5. The application stands disposed. Let the First Appeal be registered.

FIRST APPEAL (ST.) NO.13996 OF 2018

6. List the First Appeal on 14th September, 2023, for amdission.

CIVIL APPLICATION NO.4208 OF 2018

7. This is an application seeking to stay the execution of the judgment

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3 23 fast 13996-18 with caf 4207-18 and 4208-18-c.doc

and award dated 23rd August, 2017 passed by the Motor Accident Claims

Tribunal, Mumbai in Claim Application No.818 of 2012. Learned counsel

for the Appellant submits that the execution be stayed subject to deposit

of entire decretal amount.

8. Having heard the learned counsel and having perused the

application , this court is of the view that the execution of the impugned

judgment and award be stayed subject to deposit of entire decretal

amount within a period of four weeks.

9. List on 14th September, 2023.

                                                      (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                       3 of 3