Bombay High Court
Maharashtra State Road Transport Corporation Aurangabad And AnrversusPawan Ganesh Gaikwad
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The Court held that a partial withdrawal of the award is permissible, the delay in filing the appeal is condonable as it is not deliberate, and a stay of the Tribunal’s award is appropriate until the appeal is decided.
Summary
The High Court considered three civil applications filed by Pawan Ganesh Gaikwad and others. The first application sought withdrawal of a portion of a monetary award and the Court allowed a partial withdrawal of 50% of the amount together with accrued interest upon a satisfactory undertaking. The second application pleaded for condonation of delay in filing a first appeal; the Court found the delay was not deliberate and therefore condoned it in the interest of justice. The third application requested a stay of the Tribunal’s judgment and award, and the Court observed that the award amount had been deposited and ordered a stay pending disposal of the first appeal. Accordingly, the Court partially allowed the first application, fully allowed the second, and disposed the third with a stay. The orders were made after hearing counsel for both sides and considering the specific facts of each application.
Issues considered
- Whether the applicant is entitled to withdraw 50% of the awarded amount with interest.
- Whether the delay in filing the first appeal can be condoned.
- Whether a stay of the Tribunal’s judgment and award should be granted pending appeal.
Subjects
- withdrawal of award
- condonation of delay
- stay of judgment
- civil application
- interest
- tribunal award
- appeal
- justice
Judgment
2026:BHC-AUG:3153
ca12088.25
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
941 CIVIL APPLICATION NO. 12088 OF 2025
IN FAST/15729/2025
Pawan Ganesh Gaikwad
VERSUS
Dipak Sahebrao Mahajan
...
Advocate for Applicant : Mr. B.V. Dhage
Advocate for Respondent No.2 : Ms. Anagha Rotte
…..
WITH
CIVIL APPLICATION NO. 6206 OF 2025
WITH
CIVIL APPLICATION NO. 6205 OF 2025
IN FAST/15729/2025
Maharashtra State Road Transport Corporation Aurangabad And Anr
VERSUS
Pawan Ganesh Gaikwad
...
Advocate for Applicant : Ms. Anagha Rotte
Advocate for Respondents : Mr. B.V.Dhage
…..
CORAM : SANJAY A. DESHMUKH, J.
DATED : 23rd JANUARY, 2026
PER COURT :-
1. The civil application No. 12088 of 2025 is filed seeking
withdrawal of the amount. Perused the application. Heard learned
advocates for both the sides. Learned advocate for the respondent
strongly opposed the application. Considering the peculiar facts of
this case, the application deserves to be allowed partly. The
application is thus partly allowed. The applicant is permitted to
ca12088.25
-2-
withdraw 50% amount with accrued interest thereon, on furnishing
usual undertaking to the satisfaction of Registrar (Judicial) of this
Court.
2. The civil application No. 6205 of 2025 is filed for
condonation of delay caused in filing the first appeal. Perused the
application and heard learned advocates for both sides. Learned
advocate for respondent strongly opposed the application.
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.
3. In so far as civil application No. 6206 of 2025 is concerned,
the same is filed seeking stay to the impugned judgment and award
passed by the Tribunal. It is submitted by learned advocate for the
parties that entire amount under award has been deposited. In view
of above, till disposal of the first appeal, there shall be stay to the
impugned judgment and award passed by the Tribunal. Civil
application for stay is disposed of.
(SANJAY A. DESHMUKH, J.)
rlj/
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