Rajendra Gulab Mane And ORS. v. Secretary, Maharashtra State Road Transport Corporation, Mumbai

7-FA-206-2020.DOC TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2022.02.16 21:54:10 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 673 OF 2022 IN FIRST APPEAL NO. 206 OF 2020 Rajendra Gulab Mane and Ors.

...Applicants

Versus

Maharashtra State Road Transport Corporation (Secretary) Mumbai & Anr. ...Respondent ......

Mr.Pritesh K. Bohade for the Applicants.

Ms.Ayodhya Patki i/b. Mr. Nitesh Bhutekar for the Original Appellant/ Respondent No.1.

......

CORAM:

V.G.BISHT, J.

DATE:

16th February, 2022 PC:- 1.

The applicants have moved this application for withdrawal of amount deposited by the original appellant pursuant to the judgment and award dated 22nd August, 2019 passed by the learned Member, MACT, Satara in M.A.C.P. No.95 of 2016.

2.

Heard learned counsel for both the parties. Learned counsel for original appellant has objected the application.

Trupti 1/2

7-FA-206-2020.DOC 3.

In view of submissions made by learned counsel for the applicants, applicants are allowed to withdraw 50% of the compensation amount as per the judgment and award and apportionment made in para 3 of the Order dated 22nd August, 2019 passed in Claim Petition No. 95 of 2016. The applicants are directed to give an undertaking of returning the said amount to be withdrawn in the event of appeal being allowed with prevailing rate of interest. 4.

The statutory amount of Rs.25,000/- deposited in this Court at the time of fing of Appeal shall be transferred to the Motor Accident Claims Tribunal, Satara. Rest of the amount to be deposited in the nationalized bank.

5.

Interim application is allowed and accordingly disposed of.

(V.G.BISHT, J. ) Trupti 2/2