Bombay High Court

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION AND ANOTHERversusSUVARNA GOVIND GONARE AND OTHERS

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

Stay of the award is granted subject to deposit of the full compensation with interest within twelve weeks, failing which the stay will be vacated.

Summary

Maharashtra State Road Transport Corporation filed a first appeal against a tribunal award in favor of Suvarna Govind Gonare. The appellant also moved two civil applications: one seeking a stay of the award (Application No. 8581) and another (Application No. 8574) challenging the procedural validity of the appeal. The Court granted a stay of the award on the condition that the appellant deposit the full compensation amount with interest within twelve weeks, otherwise the stay would be automatically vacated. It noted that the appeal was filed within the limitation period and there was no delay, leading to the dismissal of Application No. 8574. The Court also issued notice to the respondents in the first appeal.

Issues considered

Whether a stay of the tribunal's award should be granted pending the first appeal.
Whether Civil Application No. 8574 survives given that the appeal was filed within the limitation period.

Subjects

stay of execution
civil appeal
limitation period
tribunal award
compensation
interest
procedural order

Judgment

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                                  -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

               926 FIRST APPEAL NO. 2116 OF 2026
                             WITH
              CIVIL APPLICATION NO. 8574 OF 2026
                             WITH
              CIVIL APPLICATION NO. 8581 OF 2026

   Maharashtra State Road Transport Corporation And Another
                              VERSUS
               Suvarna Govind Gonare And Others
                                  ...
Advocate for Appellant : Mr. A.B. Dhongade
                                  …

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

PER COURT :-


1.        In first appeal, issue notice to the respondents, returnable on

29.10.2026.



2.        In so far as civil application No. 8581 of 2026 is concerned,

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

passed by the Tribunal. Perused the application.         Heard learned

advocate for the applicant. Considering the peculiar facts of the case

and the grounds stated in the application, stay is granted subject to

deposit of entire amount of compensation under award alongwith

interest accrued thereon, within twelve weeks from today. It is clarified

that, if the amount, as directed above, is not deposited within the

aforesaid period, the stay granted by this order shall stand vacated
                                                                 fa2116.26
                                       -2-

automatically without further reference to the Court. In those terms, civil

application for stay is disposed of.



3.        Since the first appeal is filed within limitation and there is no

delay, the civil application No. 8574 of 2026 does not survive and the

same is disposed of.



                                        (SANJAY A. DESHMUKH, J.)

rlj/

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