Shivaji Chiman Deore v. Priti Rohidas Deore And ORS

901ca12834.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 901 CIVIL APPLICATION NO. 1369 OF 2025 IN FAST/32651/2024 SHIVAJI CHIMAN DEORE

VERSUS

PRITI ROHIDAS DEORE AND ORS ...

Advocate for Applicant : Mr. Kazi Sabahat T.

Advocate for Respondent Nos. 1 to 3 : Mr. Wagh Mukulanand R. ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 28.02.2025 PER COURT :- 1.

Heard learned Advocate appearing for respective parties. 2.

Applicant is original Claimant No. 4 in MACP No. 834 of 2019. He seeks permission to withdraw amount of compensation falling to his share as per apportionment made by Tribunal.

3.

Learned Advocate appearing for respondent Nos. 1 to 3 opposes the application contending that Tribunal has granted excessive share to applicant/original Claimant No. 4 and that has been assailed in appeal.

4.

Having considered submissions advanced it is apparent that there is dispute about apportionment of share of appellant. It is not in dispute that applicant /original claimant is father of deceased and tribunal apportioned 25% share in compensation amount to him. 5.

Looking to controversy involved it would be appropriate to permit applicant/ Claimant No. 4 to withdraw 50% of amount from his

901ca12834.24 share of compensation alongwith accrued interest thereon, subject to filing undertaking to satisfaction of learned Tribunal that in case an adverse order is passed, he shall redeposit amount. 6.

Civil Application stands disposed of in aforesaid terms. ( S. G. CHAPALGAONKAR ) JUDGE mahajansb/