Bombay High Court

THE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH ITS DIVISIONAL CONTROLLER, MSRTC, BEEDversusRAJESH BABURAO NEWDE

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The delay was not deliberate and is therefore condoned; a stay of execution is granted conditionally upon deposit of the awarded amount with interest within twelve weeks.

Summary

The Maharashtra State Road Transport Corporation (MSRTC) filed an application seeking condonation of a 61‑day delay in filing its appeal and also requested a stay of execution of the impugned judgment and award. The Court examined the application and, noting that the delay was not deliberately caused, decided that justice required condoning the delay. Consequently, the appeal was allowed to be registered. The Court further granted a conditional stay of execution, provided the applicant deposits the entire awarded amount with interest within twelve weeks. It clarified that failure to make the deposit within the stipulated period would automatically vacate the stay. The matter was then ordered to proceed with notice to the respondents.

Issues considered

Whether a delay of 61 days in filing an appeal can be condoned.
Whether a stay of execution of the impugned judgment and award can be granted subject to deposit of the awarded amount.

Subjects

condonation of delay
stay of execution
civil application
interest
justice

Judgment

2026:BHC-AUG:29412

(1) 946 ca 7441.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

946 CIVIL APPLICATION NO. 7441 OF 2026 IN FAST/19388/2026
WITH CIVIL APPLICATION NO. 7442 OF 2026

THE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION
THROUGH ITS DIVISIONAL CONTROLLER, MSRTC, BEED
VERSUS
RAJESH BABURAO NEWDE

…..
Advocate for Applicant : Mr. Dhongade Anilkumar Baburao
Advocate for R/1 : Mr. Suhas Shirsath
…..

CORAM : SANJAY A. DESHMUKH, J.
DATE : 17.07.2026

P.C.:-

1. This is an application for condonation of delay of 61 days caused

in filing the appeal.

2. Perused the application. Heard the learned advocate for

applicant.

3. On perusal of the application, it appears that the delay has not

been deliberately caused. Therefore, in the interest of justice, the delay

deserves to be condoned.

4. For the reasons stated in the application, the delay stands

condoned. The application stands allowed in the interest of justice. Appeal
(2) 946 ca 7441.26

be registered.

Application for Stay:

5. This is an application seeking stay to the execution of the

impugned judgment and award.

6. The learned counsel for the applicant undertakes to deposit the

entire amount as per the impugned judgment and award along with interest

within twelve weeks from today. Subject to depositing the said amount within

twelve weeks from today, there shall be stay to the execution and operation of

the impugned judgment and order.

7. It is clarified that if the said amount is not deposited within the

stipulated period, the stay granted by this Court shall be deemed to be vacated

without further reference to the Court. Civil Application is accordingly

disposed of.

Appeal:

8. Issue notice to respondents, returnable on 09.10.2026. Learned

advocate Mr. Suhas Shirsath waives notice for respondent no.1. Call record

and proceedings.

[SANJAY A. DESHMUKH, J.]

mubashir

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