Divisional Controller Maharashtra State Road Transport Corporation Through Its Divsional Controller v. Sushilabai Sakharam Deore And Others

2025:BHC-AUG:6193

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2187 OF 2025 IN FAST/1338/2023 Sushilabai Sakharam Deore And Ors

VERSUS

Divisional Controller, Maharashtra State Road Transport Corporation Dhule And Anr WITH CIVIL APPLICATION NO. 532 OF 2023 IN FAST/1338/2023 WITH CIVIL APPLICATION NO. 533 OF 2023 IN FAST/1338/2023 Mr. M. D. Shinde, Advocate for Applicants Mr. M. S. Kulkarni, Advocate for Respondent No.1 .....

CORAM : ROHIT W. JOSHI, J.

Dated : 28TH FEBRUARY, 2025 PER COURT :- CIVIL APPLICATION NO. 533 OF 2023 .

Since, entire amount as directed vide earlier order granting ad-interim-stay is deposited by the appellant. The ad-interim-stay granted earlier stands confirmed. The execution of impugned judgment and award shall stand stayed till final disposal of the appeal, subject to right of the respondent/claim petitioners to move for withdrawal of the

amount deposited.

CIVIL APPLICATION NO. 2187 OF 2025 .

This is an application for withdrawal of amount deposited by the appellant in compliance of order granting stay to execution of impugned judgment and award. 2.

I have perused the judgment with the able assistance of the learned Advocates. Deceased was working as a mason. His notional income is taken at Rs.7,000/- per month which is reasonable. The learned Tribunal has made proper deduction towards self-consumption and applied correct multiplier. 3.

In that view of the matter, it will be appropriate in the interest of justice to permit the respondent Nos. 1 and 2 i.e. applicant Nos. 1 and 2 in Civil Application to withdraw 75% of the amount deposited by the appellant with this Court alongwith interest on furnishing usual undertaking. 4.

Civil Application is disposed of.

CIVIL APPLICATION NO. 532 OF 2023 .

This is an application seeking condonation of delay in filing First Appeal by the Applicant/MSRTC.

2.

The delay is explained and is attributed to office

formalities and procedures.

3.

The delay is properly explained and accordingly condoned.

4.

Civil application is disposed of.

( ROHIT W. JOSHI, J ) Rushikesh/2025