Smt. Durga Dattatraya Gawde And ORS. v. Maharashtra State Road Transport Corporation Limited, Mumbai Represented By Divisional Controller

(904) CAF 3036-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 3036 OF 2016 IN FIRST APPEAL NO. 127 OF 2016 Smt. Durga Dattatraya Gawde & Ors.

.. Applicants In the matter between Maharashtra State Road Transport Corpn. Ltd.

.. Appellant Vs.

Smt. Durga Dattatraya Gawde & Ors.

.. Respondents AND FRIST APPEAL NO. 127 OF 2016 Maharashtra State Road Transport Corpn. Ltd.

.. Appellant Vs.

Smt. Durga Dattatraya Gawde & Ors.

.. Respondents Mr. Y. P. Narvankar for the Applicants.

Mr. Y. P. Deshmukh for the Appellant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th AUGUST, 2016.

P. C. :

1.

This is an application for withdrawal of the amount of compensation deposited in the Tribunal. The applicants are the original claimants. Applicant Nos.2 & 3 are minor daughters and for their education purpose, it is submitted that the applicants require some money. 2.

Considering the needs of the applicants and the fact that the amount of Rs.25,68,200/- only is already deposited in the Tribunal, the 1/2

(904) CAF 3036-16 applicants are permitted to withdraw 50% of the said amount without furnishing security, but on furnishing usual undertaking. In view of the submission made by the learned counsel for the respondent that, as the amount is sought to be withdrawn by the applicants for the purpose of education of minor children, the applicants are directed to produce some documents to show that the amount is actually used for the benefit of minor children's education. Applicants to file these documents along with affidavit within four weeks after withdrawal of the amount. 3.

The Civil Application is disposed of accordingly. 4.

The First Appeal is adjourned to 26.09.2016.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2