MUNICIPAL CORPORATION Vs. SMITA SAMEER BANKAR

JUDGEMENT

(1.) This is an application seeking stay on the execution of the judgment and order dtd. 19/4/2022 passed by the Motor Accident Claims Tribunal, Mumbai in Claim Application No.1799 This order is modified vide speaking to minutes of the order dtd. 23/6/2023 of 2018. Mr.Santosh Parad, learned Counsel for the Appellant - Municipal Corporation submits that they have deposited the entire decretal amount of Rs.64,14,433.00 on 31 st May 2023. Let a pursis to this effect be filed in this Court after which the Stay Application can be appropriately disposed. INTERIM APPLICATION NO. 3812 OF 2023

(2.) Learned Counsel for Respondents has vehemently opposed this application. Although no affidavit-in-reply has been filed, learned Counsel would submit that although the accident took place on 24/9/2015, admittedly, the judgment and award is dtd. 19/4/2022, the application for certified copy was made on 21/4/2022, the same was ready on 29 th August 2022 and received on the same date by the advocate for the Corporation, however, the Appeal has been filed only on 20 th March 2023. Learned Counsel for Respondents would submit that there is no explanation in the application for the period of delay between 29/8/2022 to 20/3/2023.

(3.) This Court has perused the application and agrees with submission made on behalf of Respondents that there is no explanation whatsoever for the period between 29/8/2022 to 20/3/2023. Not only that, in paragraph 2 of the said This order is modified vide speaking to minutes of the order dtd. 23/6/2023 application, only a general procedure has been mentioned but no specific dates have been mentioned at all. This is not expected of a Corporation of the stature of the Municipal Corporation of Greater Mumbai.