Bombay High Court
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, MUMBAI T/H DIVISIONL CONTROLLER M.S.R.T.C., OSMANABADversusSANGITA BALASAHEB KAKADE AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court stayed the impugned judgment and award until the appeal is disposed of.
Summary
The Maharashtra State Road Transport Corporation, through its Divisional Controller, filed a civil application seeking a stay of the impugned judgment and award against Sangita Balasaheb Kakade and others. The corporation had already deposited 50% of the amount ordered by the lower court in the High Court's office. The respondents opposed the stay. The High Court, after considering the partial deposit, ordered a stay on the judgment and award until the appeal is finally decided. Consequently, the civil application was disposed of with the stay in place.
Issues considered
- Whether the High Court should grant a stay of the impugned judgment and award pending disposal of the appeal after the applicant has deposited 50% of the amount?
Subjects
- stay of execution
- civil application
- partial payment
- appeal
- High Court
Judgment
2026:BHC-AUG:44125-DB
1 8-CA 1540-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 1540 OF 2026
IN FAST/3123/2026
Maharahstha State Road Transport
Corporation Through Divisional Controller .. Applicant
Versus
Sangita Balasaheb Kakade And Others .. Respondents
Mr. S. R. Deshmukh, Advocate h/f Mr. B. S. Deshmukh, Advocate
for Applicant.
Mr. P. K. Lakhotiya, AGP for Respondent-State.
Mr. Jaydeep S. Kadam, Advocate for Respondent Nos. 1 to 4.
CORAM : KISHORE C. SANT AND
JITENDRA JAIN, JJ.
DATE : 24th SEPTEMBER, 2026.
PER COURT :-
1. Since pursuant to order of this Court 50% amount is already
deposited by the applicant in the office of this Court, there shall be
stay to the impugned judgment and award till disposal of the
appeal.
2. The civil application stands disposed of.
( JITENDRA JAIN, J.) ( KISHORE C. SANT, J. )
P.S.B.
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