Gujarat State Road Transport ... vs Suresh Bedanand Choudhary
2023 Latest Caselaw 8291 Bom

2023:BHC-AS:23151


                                                               12-IA-14126-2023-IA-14124-2023.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION
                                    INTERIM APPLICATION NO.14124 OF 2023
                                                      IN
                                      FIRST APPEAL (ST) NO.18723 OF 2023

                    GUJARAT STATE ROAD TRANSPORT                         )
                    CORPORATION                                          )...APPLICANT

                             V/s.

                    SHRI.SURESH BEDANAND CHOUDHARY                       )...RESPONDENT

                    Ms.Punjabi Rajlaxmi i/by Ms.P.M.Bhansali, Advocate for the Applicant/
                    Appellant.
                    Mr.T.R.Kale h/f. Mr.T.J.Mendon, Advocate for the Respondent.

                                               CORAM       :     ABHAY AHUJA, J.

                                               DATE        :     11th AUGUST 2023

                    P.C. :

1. This is an application seeking condonation of delay of 105 days

in preferring the Appeal impugning the judgment and award dated 18 th

November 2022 passed by the Motor Accident Claims Tribunal,

Mumbai, in Motor Accident Claim Petition No.1444 of 2014.

2. Learned Counsel for the Applicant / Corporation draws the

attention of this Court to paragraphs 2 to 6 of the application to explain

the delay. Mr.Kale, learned Counsel for the Respondent, has no

particular objection if the delay is condoned.

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12-IA-14126-2023-IA-14124-2023.doc

3. Having heard the learned Counsel and having perused the

application, this Court is of the view that the delay of 105 days in

preferring the First Appeal be condoned.

4. The delay is hereby condoned. Registry is directed to register the

First Appeal.

5. The application stands disposed.

INTERIM APPLICATION NO.14126 OF 2023

6. This is an application seeking stay to the execution of the

impugned judgment and award dated 18th November 2022.

7. Ms.Punjabi, learned Counsel for the Corporation, submits that

the Corporation is apprehending that the judgment and award would

be executed and so stay be granted on the execution, subject to deposit

of the entire decretal amount.

8. Mr.Kale, learned Counsel for the Respondent, does not raise any

particular objection, if the stay is granted, subject to deposit of the

entire decretal amount.

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12-IA-14126-2023-IA-14124-2023.doc

9. Having heard the learned Counsel and having perused the

application, let the execution to the impugned judgment and award

dated 18th November 2022 be stayed, subject to deposit of the entire

decretal amount within a period of four weeks.

FIRST APPEAL (ST) NO.18723 OF 2023

10. List on 8th September 2023.

                                         (ABHAY AHUJA, J.)




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