Bombay High Court

DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, NANDED DIVISION, NANDEDversusKAUSALYABAI RANGNATH SHINDE AND ANOTHER

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

Holding

The court held that the 28‑day delay was not deliberate and may be condoned, and that a stay of the Tribunal’s award may be granted provided the applicant deposits 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 28‑day delay in filing a first appeal, and the court, after hearing the applicant’s counsel, found the delay was not deliberate and allowed the condonation in the interest of justice. The second application sought a stay of the Tribunal’s impugned judgment and award, and the court granted the stay on the condition that the applicant deposit the entire compensation amount within twelve weeks, after which the stay would automatically lapse. The court ordered that notice be issued to the respondents for the first appeal, to be returned on 29‑Oct‑2026, and called for the record and proceedings. Both applications were disposed of accordingly.

Issues considered

Whether a delay of 28 days in filing a first appeal can be condoned.
Whether a stay of the Tribunal’s judgment and award can be granted subject to the deposit of compensation.

Subjects

condonation of delay
stay of execution
civil procedure
tribunal award
compensation

Judgment

2026:BHC-AUG:34161


                                                                               ca8527.26
                                                   -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              932 CIVIL APPLICATION NO. 8527 OF 2026
                                               WITH
                                CIVIL APPLICATION NO. 8528 OF 2026
                                         IN FAST/22816/2026

                 Divisional Controller, Maharashtra State Road Transport Corporation,
                                        Nanded Division, Nanded
                                               VERSUS
                              Kausalyabai Rangnath Shinde And Another
                                                   ...
                 Advocate for Applicant : Mr. Anilkumar B. Dhongade
                                                   …..

                                      CORAM : SANJAY A. DESHMUKH, J.
                                      DATED : 6th AUGUST, 2026

                 PER COURT :-


                 1.        The civil application No. 8527 of 2026 is filed for

                 condonation of delay of 28 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. 8528 of 2026 is concerned,

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

                 passed by the Tribunal.
                                                                ca8527.26
                                   -2-

3.        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.



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

on 29.10.2026. Call for record and proceedings.



                                    (SANJAY A. DESHMUKH, J.)

rlj/

Continue reading with your account

Checking your session…