Allowed

The Andhra State Road Transport Corporation, Andhra Pradesh Thr.Secretary Asrtc v. Sulochana Kisan Patole and Ors.

Bombay HC18 Aug 2023IA/13177/2023

Case brief

AI extract

What is this about?

This interim application sought a stay on the execution of an award challenging the deposit of decretal amounts. The court granted the stay pending the appeal's final disposal. The main appeal was listed for disposal the following day.

What did the court decide?

Stay granted on the effect and operation of the judgment and award dated 10th June, 2002 till the final disposal of the appeal. Appeal listed for final disposal.

The Andhra State Road Transport Corporation, Andhra… — Execution and Attachment | Bombay HC (2023)

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2023:BHC-AS:23756

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1 905 fa 367-07 with ia 13177-23-c.doc

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO.367 OF 2007
WITH
INTERIM APPLICATION NO.13177 OF 2023
IN

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FIRST APPEAL NO.367 OF 2007

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The Andhra State Road Transport
Corporation Andhrapradesh … Appellant

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Vs.

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Smt. Sulochana Kisan Patole and ors.… Respondents

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Ms.Pinky Mohanlal Bhansali, Advocate for the Appellant.
Mr.T.J.Mendon, Advocate for the Respondents No.1 to 3.

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CORAM :ABHAY AHUJA, J.
DATE :18 AUGUST, 2023.

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P.C.:

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INTERIM APPLICATION NO.13177 OF 2023

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1.This is an interim application seeking stay to the execution of the
judgment and award dated 10th June, 2002 passed by Motor Accident Claims
Tribunal, Raigad in MAC No.186 of 1996.

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2.Ms.Pinky Mohanlal Bhansali, learned counsel for the Appellant-Andhra
State Road Transport Corporation would submit that earlier due to inadvertence
the amount of Rs.25,000/- was not deposited. Learned counsel would submit
that it is true that earlier on 16th April, 2003, the Appellant had deposited a sum

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1 of 3

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Priya R. Soparkar

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2 905 fa 367-07 with ia 13177-23-c.doc

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of Rs.24,930/- at MACT, Alibag and later on the balance of Rs.70/- was also
deposited on 21st April, 2005, after it was pointed out by the Registry of the
Tribunal. Learned counsel now submits that even the decretal amount
alongwith interest of Rs.22,05,836/- has also been deposited in this court on 4th
July, 2023 and therefore, the implementation and operation of the impugned
judgment and award be stayed.

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3.Mr.Mendon, learned counsel for the Respondents/Claimants would
submit that instead of granting a stay, as the claim dates back to the year 1996
the appeal be finally heard. However, he submits that the effect and operation if
the award is being stayed, then the Claimants be allowed to withdraw some
part of the money which has been deposited in this court.

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4.Having heard the learned counsel and having perused the application as
well as the entire proceedings, let the effect and operation of the impugned
judgment and award dated 10th June, 2002 be stayed till the final disposal of
the appeal.

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5. The Interim Application accordingly stands disposed.

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FIRST APPEAL NO.367 OF 2007

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6. Mr.Mendon, learned counsel for the Respondents has requested that this

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2 of 3

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Priya R. Soparkar

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3 905 fa 367-07 with ia 13177-23-c.doc

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First Appeal be urgently listed for final disposal as it has already been admitted
in the year 2007.

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7. Let the record and proceedings be produced on the next date. Paper-book has also been filed.

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8. Accordingly, list on 1^st September, 2023 for final disposal.

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9. Learned counsel are at liberty to circulate brief propositions and

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supporting judgments in advance.

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(ABHAY AHUJA, J.)

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3 of 3

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Priya R. Soparkar

The Andhra State Road Transport Corporation, Andhra Pradesh Thr.Secretary Asrtc v. Sulochana Kisan Patole and Ors.

Case brief

What is this about?

What did the court decide?

The Andhra State Road Transport Corporation, Andhra Pradesh Thr.Secretary Asrtc v. Sulochana Kisan Patole and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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