Bombay High Court
Maharashtra State Road Transport Corporation (MSRTC) Through Divisional Controller, AurangabadversusNikhil Sakharam Chavhan and Another
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court held that the 48‑day delay was not deliberate and may be condoned, and that a stay of the Tribunal’s award may be granted subject to the deposit of the full compensation within twelve weeks.
Summary
The Maharashtra State Road Transport Corporation filed two civil applications: one seeking condonation of a 48‑day delay in filing its first appeal, and another seeking a stay of the Tribunal's judgment and award. The court, after hearing the applicant's counsel, found the delay was not deliberate and therefore condoned it in the interest of justice. It also granted a stay of the impugned award, conditioning it on the deposit of the entire compensation amount within twelve weeks, after which the stay would automatically lapse. The court directed that notice be issued in the first appeal, with a return date of 09‑09‑2026, and ordered the payment of deficit court fees within four weeks. The applications were thus disposed in favor of the applicant.
Issues considered
- Whether a delay of 48 days in filing the first appeal can be condoned.
- Whether a stay of the Tribunal's judgment and award can be granted, and on what conditions.
Subjects
- condonation of delay
- stay of execution
- civil procedure
- tribunal award
- interest of justice
Judgment
2026:BHC-AUG:23804
ca6094.26
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
942 CIVIL APPLICATION NO. 6094 OF 2026
WITH
CIVIL APPLICATION NO. 6095 OF 2026
IN FAST/14556/2026
Maharashtra State Road Transport Corporation (msrtc) Through
Divisional Controller, Aurangabad
VERSUS
Nikhil Sakharam Chavhan And Another
...
Advocate for Applicant : Mr. Janakwade Shivsamb Narayanrao
…..
CORAM : SANJAY A. DESHMUKH, J.
DATED : 17th JUNE, 2026
PER COURT :-
1. The civil application No.6094 of 2026 is filed for
condonation of delay of 48 days caused in filing the first appeal.
Perused the application and heard learned advocate for the
applicant. Considering the reasons stated in the application, it
appears that the delay caused is not deliberate. Therefore, the
application is allowed. The delay caused in filing the appeal is
condoned in the interest of justice.
2. In so far as civil application No. 6095 of 2026 is concerned,
the same is filed seeking stay to the impugned judgment and award
passed by the Tribunal. Perused the application. Heard learned
advocate for the applicant. Considering the peculiar facts of the
ca6094.26
-2-
case, stay is granted subject to deposit of entire amount of
compensation within twelve (12) weeks from today. If the amount is
not deposited within the aforesaid period, the stay shall stand
vacated automatically without further reference to the court. In those
terms, civil application for stay is disposed of.
3. In first appeal, issue notice to the respondents, returnable
on 09.09.2026. Call for record and proceedings. Deficit court fees be
paid within four weeks from today.
(SANJAY A. DESHMUKH, J.)
rlj/
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