Partly allowed

Maharashtra State Road Transport Corporation v. Smt. Meenabai Dinesh Patil and Ors.

Bombay HC4 Aug 2023CAF/4207/2018

Case brief

AI extract

What is this about?

The single judge of the Bombay High Court condoned a 102-day delay in registering a first appeal against a Motor Accident Claims Tribunal decree. The execution of the award was stayed subject to deposit of the decretal amount within four weeks.

What did the court decide?

Delay in filing appeal condoned; appeal to be registered; execution stayed subject to deposit of decretal amount within four weeks.

Maharashtra State Road Transport Corporation Vs Smt… — Execution and Attachment | Bombay HC (2023)

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1 23 fast 13996-18 with caf 4207-18 and 4208-18-c.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL (ST.) NO.13996 OF 2018 WITH CIVIL APPLICATION NO.4207 OF 2018 WITH CIVIL APPLICATION NO.4208 OF 2018 IN

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FIRST APPEAL (ST.) NO.13996 OF 2018

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Maharashtra State Road Transport Corporation … Appellant Vs.

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Smt. Meenabai Dinesh Patil and ors. … Respondents

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Ms.Drishti Jain h/f Ms.P.M.Bhansali, Advocates for the Appellant. None for the Respondents.

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CORAM : ABHAY AHUJA, J. DATE : 04 AUGUST, 2023.

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P.C. :

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CIVIL APPLICATION NO.4207 OF 2018

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This is an application seeking condonation of delay of 102 days in

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preferring an appeal against judgment and award dated 23^rd August, 2017 passed by the Motor Accident Claims Tribunal, Mumbai in Claim Application No.818 of 2012.

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1 of 3

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Priya R. Soparkar

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2 23 fast 13996-18 with caf 4207-18 and 4208-18-c.doc

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Ms.Drishti Jain, learned counsel for the Appellant submits that the

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delay has been caused as stated in paragraph No.2 of the said application. Learned counsel submits that the Respondents have been served and an affidavit of service dated 23^rd June, 2023 has also been filed on record which indicates service to Respondents/Claimants. The Respondents though served, are not present / not represented.

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Having heard the learned counsel and having perused the application, this court is of the view that there is sufficient cause in condoning of the delay in filing the appeal.

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Let the delay be condoned.

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The application stands disposed. Let the First Appeal be registered.

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FIRST APPEAL (ST.) NO.13996 OF 2018

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List the First Appeal on 14^th September, 2023, for amdission.

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CIVIL APPLICATION NO.4208 OF 2018

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This is an application seeking to stay the execution of the judgment

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2 of 3

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Priya R. Soparkar

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3 23 fast 13996-18 with caf 4207-18 and 4208-18-c.doc

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and award dated 23^rd August, 2017 passed by the Motor Accident Claims Tribunal, Mumbai in Claim Application No.818 of 2012. Learned counsel for the Appellant submits that the execution be stayed subject to deposit of entire decretal amount.

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Having heard the learned counsel and having perused the application , this court is of the view that the execution of the impugned judgment and award be stayed subject to deposit of entire decretal amount within a period of four weeks.

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List on 14^th September, 2023.

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(ABHAY AHUJA, J.)

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3 of 3

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Priya R. Soparkar

Maharashtra State Road Transport Corporation v. Smt. Meenabai Dinesh Patil and Ors.

Case brief

What is this about?

What did the court decide?

Maharashtra State Road Transport Corporation v. Smt. Meenabai Dinesh Patil and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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