Corporation, Bombay v. Laxmanrao Shriniwas Kulkarni & Anr.

CIVIL APPLICATION NO.2454 OF 1996 CIVIL APPLICATION NO.2454 OF 1996 CIVIL APPLICATION NO.2454 OF 1996 IN IN IN FIRST APPEAL NO.631 OF 1996 FIRST APPEAL NO.631 OF 1996 FIRST APPEAL NO.631 OF 1996 Maharashtra State Road Transport . Corporation, Bombay ...Applicant V/s. Laxmanrao Shriniwas Kulkarni & Anr. ...Respondents Mr.C.M. Lokesh, Advocate, i/b. G.S. Hegde, for the Applicant. Mr.Vivek Salunke, Advocate, i/b. P.B. Shah, for Respondent Nos.1 and 2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 21ST FEBRUARY, 2008. DATE : 21ST FEBRUARY, 2008. DATE : 21ST FEBRUARY, 2008. P.C.: P.C.: P.C.:

#1. Heard Advocates appearing for the parties.

#2. Considering the facts and circumstances of the case, the Civil Application is disposed of by passing the following order :- "O R D E R" "O R D E R" "O R D E R" (a). There will be interim stay in terms of prayer clause (a) subject to condition of the applicant depositing the balance decretal amount with the Tribunal within a period of : 2 : eight weeks from today. (b). The amount deposited by the applicant in this Court in compliance with Section 173 of the Motor Vehicles Act, 1988 shall be transferred to the concerned Tribunal. The applicant will be entitled to adjust the amount deposited under Section 173 towards the payment of decretal amount. (c). The balance amount deposited by the applicant shall be permitted to be withdrawn by the original claimants on furnishing adequate security for the said amount. (d). Application is disposed of accordingly. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]