Bombay High Court

THE DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, DHARASHIVversusKALAWATI TANAJI ATKARE AND OTHERS

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

Holding

The court condoned the five‑day delay in filing the first appeal and granted a stay of the Tribunal’s award, conditioned upon deposit of the full compensation within twelve weeks.

Summary

The Divisional Controller of Maharashtra State Road Transport Corporation filed two civil applications. The first sought condonation of a five‑day delay in filing a first appeal, and the court, finding the delay not deliberate, allowed the application. The second sought a stay of the Tribunal's judgment and award, and the court granted the stay on the condition that the full compensation be deposited within twelve weeks, otherwise the stay would lapse. The court also issued notice for the first appeal to be returned on 30‑Oct‑2026 and called for the record. Both applications were disposed in favor of the applicant.

Issues considered

Whether a five‑day delay in filing a first appeal can be condoned.
Whether a stay of the Tribunal's judgment and award should be granted, subject to deposit of compensation.

Subjects

condonation of delay
stay of execution
civil procedure
compensation
tribunal award

Judgment

2026:BHC-AUG:32786


                                                                                ca8160.26
                                                   -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              934 CIVIL APPLICATION NO. 8160 OF 2026
                                               WITH
                                CIVIL APPLICATION NO. 8161 OF 2026
                                      IN/WITH FAST/21829/2026

                    The Divisional Controller, Maharashtra State Road Transport
                                        Corporation, Dharashiv
                                               VERSUS
                                 Kalawati Tanaji Atkare And Others
                                                   ...
                 Advocate for Applicant : Mr. Anilkumar B. Dhongade
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 31st JULY, 2026

                 PER COURT :-


                 1.        The civil application No. 8160 of 2026 is filed for

                 condonation of delay of 05 days caused in filing the first appeal.



                 2.        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.



                 3.        In so far as civil application No. 8161 of 2026 is concerned,

                 the same is filed seeking stay to the impugned judgment and award

                 passed by the Tribunal.
                                                                ca8160.26
                                   -2-



4.        Perused the application. Heard learned advocate for the

applicant. Considering the peculiar facts of the 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.



5.        In first appeal, issue notice to the respondents, returnable

on 30.10.2026. Call for record and proceedings.



                                    (SANJAY A. DESHMUKH, J.)

rlj/

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