Sapna Lalu @ Kiran Nikam (Deceased) And ORS. v. Divisional Manager, M.S.R.T.C.,Nashik And ORS.

905-ia-17662-2023 in fa-900-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.17662 OF 2023 IN FIRST APPEAL NO.900 OF 2023 Sapna Lalu @ Kiran Nikam (Deceased) & Ors.

....Applicants V/s.

by NILAM SANTOSH KAMBLE Date: 2023.12.08 17:26:06 +0530 NILAM SANTOSH KAMBLE Divisional Manager, MSRTC, Nashik & Ors.

....Respondents ---- Mr.Pritesh K. Bohade, for the Applicant.

Mr.D.D. Rananaware, for the Respondents.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 7th DECEMBER 2023 P.C:- .

Heard learned counsel for the Applicants and learned counsel for the Respondents.

2.

By this Application, the Applicant's seeks modification of the order passed by this Court (Coram : Anuja Prabudesai, J.) dated 30th August 2023. The learned counsel submits that, by the said order this Court has permitted the Applicant's to withdraw amount of Rs.2,23,000/- with N.S. Kamble page 1 of 2

905-ia-17662-2023 in fa-900-23.doc proportionate interest and directed to deposit Rs.4,50,000/- with proportionate interest in fixed deposit. The said order be modify and the Applicant's be permitted to withdraw Rs.1,20,000/- along with proportionate interest. Hence, requested to modify the order accordingly.

3.

The learned counsel for Respondent submits that, appropriate order be passed.

4.

Considering the submission of both learned counsel order dated 30th August 2023 is modified as under:- "The Applicant Nos.4 and 5 are permitted to withdraw Rs.1,20,000/- with proportionate interest thereon and amount of Rs.4,50,000/- with proportionate interest be invested in the name of the Applicant Nos.2 and 3 in any Nationalized Bank, till final disposal of the Appeal".

5.

Application is disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 2 of 2