Transport Manager, Solapur ... vs Smt. Rekha W/O. Nagnath Aoutage ...
2023 Latest Caselaw 5075 Bom

                                         1             23 fa 559-16 with ia 1205-19-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                             FIRST APPEAL NO.559 OF 2016
                                         WITH
                         INTERIM APPLICATION NO.1205 OF 2019
                                          IN
                             FIRST APPEAL NO.559 OF 2016

 Transport Manager,
 Solapur Municipal Transport.           ... Appellant/Applicant
       Vs.
 Smt.Rekha w/o Nagnath Aoutage and ors. ... Respondents
                                -------

 Mr.Sumedh Modak h/f Mr.Vijay Killedar, Advocates                                        for     the
 Appellant/Applicant.
 Mr.Ajit Vishwanath Alange, Advocate for the Respondents.

                                             -------

                            CORAM :    ABHAY AHUJA, J.

                            DATE :     06 JUNE, 2023.
 P.C. :

1. By this application the Appellant-Solapur Municipal Transport is

seeking a stay on the execution of the judgment and order dated 19 th

March, 2015 passed by the Motor Accident Claims Tribunal, Solapur in

Motor Accident Claims Petition No.20 of 2012.

2. Mr.Modak, learned counsel for the Appellant would submit that on

3rd July, 2015 a sum of Rs.25,000/- was deposited before the executing

Priya R. Soparkar 1 of 2

2 23 fa 559-16 with ia 1205-19-c.doc

court, that on 3rd November, 2016 a sum of Rs.15,000/- was deposited.

Learned counsel would submit that subject to deposit of the balance of

the total decretal amount of Rs.8,15,000/-, a stay be granted on the

execution.

3. Mr.Ajit Alange, learned counsel for the Respondents/original

claimants submits that since this appeal is of 2016, the balance payment

be made in a time-bound manner.

4. Having heard the learned counsel for the parties and having

perused the application, the execution of the judgment and order dated

19th March, 2015 is stayed subject to deposit of the balance of the

decretal amount in the executing court within a period of four weeks.

5. Mr.Modak also submits that he will take instructions from the

Appellant whether the matter can be settled.

6. List on 5th July, 2023.

                                                    (ABHAY AHUJA, J.)


  Priya R. Soparkar                                                                     2 of 2