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1969 Supreme(SC) 350

C.A.VAIDIALINGAM, I.D.DUA, J.M.SHELAT
Maharashtra State Road Transport Corporation – Appellant
Versus
Babu Goverdhan Regular Motor Service – Respondent


Advocates:
B.R.L.Iyengar, G.S.CHATTERJEE, N.S.BINDRA, NAUNIT LAL, S.P.NAIR, S.V.Gupta, SANTOSH CHATTERJI

Judgment

VAIDIALINGAM, J.: The appellant State Corporation, constituted under the Road Transport Corporation Act (LXIV of 1950), challenges in this appeal, by special leave, the order of the Nagpur Bench of the Bombay High Court, dated October 5, 1967 in Special Civil Application No. 770 of 1967.

2. The appellant, as well as respondents 1 to 5 and 8 to 16, applied to the Regional Transport Authority, Nagpur, on various dates in the years 1964-65, under S. 46 of the Motor Vehicles Act, 1939 (Act IV of 1939) (hereinafter called the Act) for grant of stage carriage permits on the routes (a) Chanda to Chimur; (b) Aroi to Manora; (c) Sakoli to Lakhandur; (d) Gondkheri to Kalmeshwar; and (e) Chanda to Rajura. The appellant s applications in respect of routes (a) and (c) were for additional trips and timings. Regarding (B), (d) and (e), the appellant s applications were for grant of permits over the new routes opened for the first time. The applications were notified by the Regional Transport Authority under S. 57 (3) of the Act. The appellant and the other applicants filed objections and representations against each other s applications. The Regional Transport Authority, after considering































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