Dainesh Bhaskaran Nadar v. Maharashtra State Road Transport Corporation Thr. Its Divisional Controller, Thane

KVM 1/2 15 - IA 13462 OF 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN VINOD MAYEKAR KANCHAN VINOD MAYEKAR Date: 2023.07.26 11:26:42 +0530 CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13462 OF 2023 IN FIRST APPEAL (ST) NO.4180 OF 2020 Dainesh Bhaskaran Nadar ..... Applicant

IN THE MATTER BETWEEN

Maharashtra State Road Transport Corporation, Thane ..... Appellant

VERSUS

Dainesh Bhaskaran Nadar ..... Respondent Ms. Rina Kundu for the Applicant.

Mr. Aniket Nangare i/b. Mr. N.V.Bhutekar for the Appellant in FA/Applicant in IA/2881/2020 and IA/16883/2022. CORAM: ABHAY AHUJA, J.

DATE : 21st JULY, 2023 P.C:- This is an interim application filed by the injured claimant for withdrawal of the decretal amount deposited by the appellant corporation in M.A.C.T., Thane.

2.

Ms.Kundu would submit that the injured needs the money to look after his old parents and also to take care of his two children as he

KVM 2/2 15 - IA 13462 OF 2023.doc is the only earning member of the family. Above all, he also needs the money for his regular treatment. She submits that although the injured has job but due to this disability to the extent of 33%, he is not in a position to do his job as before.

3.

Mr. Nangare, holding for Mr.Bhutekar submits that some amount be granted subject to the terms and conditions. 4.

Having heard learned counsel and having perused the application, let 30% of the amount deposited in this Court be allowed to be withdrawn subject to an undertaking that in the event, the appellant succeeds, the injured respondent will bring back the money along with interest within a period of four weeks. 5.

Application accordingly stands disposed.

[ABHAY AHUJA, J.]