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 non‑deliberate delay of 48 days warrants condonation of the appeal and that a stay of the Tribunal’s award may be granted provided the full compensation is deposited 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 a Tribunal judgment and award. The Court, after hearing the applicant’s counsel, found the delay was not deliberate and allowed the condonation. It also granted a stay of the impugned judgment, subject to the applicant depositing the entire compensation amount within twelve weeks, after which the stay would automatically lapse. The Court directed that notice be issued to the respondents in the first appeal, with a return date of 09‑09‑2026, and ordered payment of deficit court fees within four weeks. The orders were pronounced by Justice Sanjay A. Deshmukh on 17 June 2026.

Issues considered

Whether a delay of 48 days in filing a first appeal can be condoned.
Whether a stay of the Tribunal's judgment and award can be granted subject to conditions.

Subjects

condonation of delay
stay of execution
civil appeal
tribunal award
court fees

Judgment

2026:BHC-AUG:23805


                                                                               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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