Bombay High Court

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, DEPOT MANAGER, NANDEDversusDIGAMBAR MADHAV HATRALE AND OTHERS

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

Holding

The Court held that a non‑deliberate delay of 97 days may be condoned and that a stay of the tribunal’s award can be granted subject to the deposit of the full compensation within twelve weeks.

Summary

Maharashtra State Road Transport Corporation (MSRTC) filed two civil applications before the Aurangabad Bench of the High Court. Application 8532 sought condonation of a 97‑day delay in filing its first appeal against a tribunal order. The Court examined the reasons and found the delay was not deliberate, thus condoning it in the interest of justice. Application 8533 prayed for a stay of the tribunal’s judgment and award. After hearing counsel and considering the peculiar facts, the Court granted a stay conditioned upon the deposit of the entire compensation amount within twelve weeks. The stay would automatically lapse if the deposit is not made. The Court also issued notice to the respondents in the first appeal, to be returned on 29‑Oct‑2026. The applications were disposed accordingly.

Issues considered

Whether a delay of 97 days in filing a first appeal can be condoned.
Whether a stay of the tribunal’s judgment and award may be granted subject to the deposit of compensation.

Subjects

condonation of delay
stay of execution
civil appeal
compensation deposit
tribunal award
interest of justice

Judgment

                                                              ca8532.26
                                  -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

            934 CIVIL APPLICATION NO. 8532 OF 2026
                             WITH
              CIVIL APPLICATION NO. 8533 OF 2026
                       IN FAST/22824/2026

  Maharashtra State Road Transport Corporation, Depot Manager,
                               Nanded
                              VERSUS
               Digambar Madhav Hatrale And Others
                                  ...
Advocate for Applicant : Mr. Anilkumar B. Dhongade
                                  …..

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

PER COURT :-


1.        The civil application No. 8532 of 2026 is filed for

condonation of delay of 97 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. 8533 of 2026 is concerned,

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

passed by the Tribunal.
                                                                ca8532.26
                                   -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…