1 caf1433.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1433 OF 2009 IN FIRST APPEAL ST.NO.6989 OF 2009 M/s.Royal Sundaram ...Applicant vs. Vinaya Udaybabu Shah & Ors. ...Respondents Mr.A.D.Bhagat i/b M/s.S.R.Singh & Co. for the applicant Mr.R.M.Pethe for respondent nos.1 and 2 CORAM :A.S.OKA,J. DATE : AUGUST 31, 2010 P.C. 1 If no steps are taken for restoration of the appeal as against the 3rd and 4th respondents within a period of three weeks from today, this application and application for stay will stand dismissed for non prosecution without further reference to the Court. If appropriate steps are taken within stipulated period, the applications shall be placed on board on 28th September 2010. The learned counsel for the original claimants makes a grievance as a result of pendency of this appeal, the tribunal is not proceeding with the main claim petition under section 166 of the Motor Vehicles Act,1988. 2 The present appeal is against an Award under section 140 of the Motor Vehicles Act,1988. Unless there is an express order of stay granted by this Court, the proceedings of the main claim petition cannot be stopped. The pendency of the appeal against the Award made under section 140 of the said Act of 1988 can never operate as stay to the proceedings of the main claim petition unless there is express stay granted by this Court. The tribunal will proceed with the main claim petition. JUDGE