Bombay High Court
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, THROUGH DIVISIONAL CONTROLLER,PALGHAR DIVISION, PALGHversusSMT. SHEVANTI SURESH KHARPADE
- Decided
- Disposal
- Disposed Off
Holding
The court stayed execution of the award subject to deposit of the decree amount with interest within two weeks and allowed the claimant to withdraw 50% of the deposit.
Summary
The Maharashtra State Road Transport Corporation (MSRTC) filed a civil application seeking relief from the execution of an award dated 22 August 2017 passed in MACP No.36 of 2017. The High Court noted that the delay in preferring the appeal had been condoned, but the cost payment was not recorded. The court stayed the execution of the award, conditioning the stay on the MSRTC depositing the entire decree amount with interest within two weeks before the Tribunal at Palghar. It also permitted the claimant to withdraw 50% of the deposited amount despite opposition from the MSRTC. The civil application was disposed of, and the first appeal was scheduled for admission, with the matter stood over to 15 December 2026.
Issues considered
- The propriety of condoning the delay in preferring the appeal
- The appropriateness of staying the execution of the award pending deposit of the decree amount with interest
- The entitlement of the claimant to withdraw 50% of the deposited amount
Subjects
- execution of decree
- stay of execution
- deposit of decree amount
- interest
- civil appeal
- procedural delay
- High Court of Bombay
- MSRTC
Judgment
901-FA-ST-23037-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.181 OF 2020
IN
FIRST APPEAL (ST) NO.23037 OF 2019
Maharashtra State Road Transport Corporation,
Through Divisional Controller, Palghar Division,
Palghar ...Applicant-
Appellant
Vs.
Smt. Shevanti Suresh Kharpade ...Respondent
*****
Mr. Prathamesh Mandlik Advocate for the Applicant-
i/b Mr. D. D. Rananaware Appellant
Mr. Vijay Sardal for the Respondent
*****
CORAM : S. M. MODAK, J.
DATE : 29th SEPTEMBER 2026
P. C. :-
1. Heard Mr. Mandlik, learned advocate for the
Applicant/Appellant and Mr. Sardal, learned Advocate for the
Respondent/Claimant. The delay in preferring appeal is already
rsk 1/3
901-FA-ST-23037-19.doc
condoned as per the order dated 21 July 2022 subject to payment of
cost of Rs.5,000/-. Though the cost was paid directly to the
Respondent, it was not brought on record. This Court as per the order
dated 27 August 2026 has granted liberty to Respondents to seek
necessary orders from the executing Court. Now the matter is fixed
tomorrow for issuance of warrant of attachment.
2. On the basis of instructions, Mr. Mandlik, learned advocate for
the Appellant submitted that they will deposit entire decreetal amount
along with interest before the Executing Court within a period of two
weeks and prayed for stay, which is acceptable to learned advocate for
the Respondent.
3. In view of that following order is passed:
i) The execution of the award dated 22 August 2017 passed
in MACP No.36 of 2017 is stayed subject during disposal of the
appeal subject to deposit of the decreetal amount along with
interest before the Tribunal at Palghar within a period of two
weeks from today.
ii) The Tribunal is directed to allow the claimant
to withdraw 50% of the deposit amount. It is opposed
rsk 2/3
901-FA-ST-23037-19.doc
on behalf of the MSRTC. However, considering the
issues raised in the appeal, this liberty is granted.
4. Civil Application is disposed of.
5. In First Appeal (St) No.23037 of 2019, issue notice to the
Respondents. Mr. Sardal, learned advocate for Respondent waives
service of notice. Appellant is at liberty to file the paper book. Call
Records & Proceedings. Appeal will be decided at the admission stage.
6. Stand over to 15th December 2026.
[S. M. MODAK, J.]
rsk 3/3
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.