Bombay High Court

THE CONTROLLER DIVISIONAL OFFICE MSRTC LATURversusREKHA W/O KASHINATH VAIDYA AND OTHERS

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

Holding

The court conditionally stayed the execution pending deposit and condoned the delay, allowing the appeal to be registered.

Summary

The Controller Divisional Office MSRTC Latur applied to the Bombay High Court, Aurangabad Bench, for a stay of execution of a judgment and award, undertaking to deposit the full amount with interest within twelve weeks. The court conditioned the stay on the applicant’s compliance with the deposit requirement and stipulated that failure to do so would vacate the stay. The applicant also sought condonation of a 111‑day delay in filing an appeal. After hearing counsel, the court found the delay was not deliberate and, in the interest of justice, granted condonation. Consequently, the stay was granted conditionally and the appeal was ordered to be registered, with the civil application disposed of.

Issues considered

Whether a stay of execution of the impugned judgment and award should be granted subject to deposit of the amount with interest.
Whether the 111‑day delay in filing the appeal should be condoned.

Subjects

stay of execution
condonation of delay
civil application
High Court
appeal registration
deposit of judgment amount
interest

Judgment

                                      (1)                  949 ca 7636.26

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

         949 CIVIL APPLICATION NO. 7636 OF 2026 IN FAST/2210/2026
                   WITH CIVIL APPLICATION NO. 7637 OF 2026

            THE CONTROLLER DIVISIONAL OFFICE MSRTC LATUR
                              VERSUS
               REKHA W/O KASHINATH VAIDYA AND OTHERS

                                       …..
           Advocate for Applicant : Mr. Dhongade Anilkumar Baburao
                                       …..

                                CORAM :     SANJAY A. DESHMUKH, J.
                                DATE :      22.07.2026

P.C.:-

Application for Stay:

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

impugned judgment and award.


2.           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.


3.           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
                                       (2)                  949 ca 7636.26

without further reference to the Court.        Civil Application is accordingly

disposed of.


Application for delay:

4.             This is an application for condonation of delay of 111 days caused

in filing the appeal.


5.             Perused the application.      Heard the learned advocate for

applicant.


6.             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.


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

condoned. The application stands allowed in the interest of justice. Appeal

be registered.


Appeal:

8.             Issue notice to respondents, returnable on 14.10.2026.        Call

record and proceedings.



                                                  [SANJAY A. DESHMUKH, J.]

mubashir

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