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 i/b Mr. D. D. Rananaware Advocate for the Applicant- 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