Janabai Sarjerao Sawant And ORS v. Div. Controller, M.S.R.T.C., Ahmednagar

2024:BHC-AUG:8834 23-ca-3691-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3691 OF 2024 IN FAST/21939/2021 WITH CIVIL APPLICATION NO. 13994 OF 2021 IN FAST/21939/2021 WITH CIVIL APPLICATION NO. 13995 OF 2021 IN FAST/21939/2021 Janabai Sarjerao Sawant And Ors

VERSUS

Div. Controller, M.S.R.T.C., Ahmednagar ...

Advocate for Applicant : Mr. Tarde Vivek V.

Advocate for Respondents : Mr. Sanjay N. Gaikwad h/f Mr. A.B. Dhongade ...

CORAM : S.G. MEHARE, J.

DATED : APRIL 19, 2024 PER COURT:- 1.

Heard the respective counsels.

2.

Arising out of the same judgment, the Court allowed the applicants to withdraw 75% of the amount. Hence, identical order may be passed. Hence, the following order :

ORDER

(i) The application is partly allowed.

(ii) The applicants are allowed to withdraw 75% of the amount deposited with this Court with accrued interest thereon, on the condition that they would deposit the money in the event of reversal of the impugned judgment and award.

(iii) The amount be apportioned equally.

23-ca-3691-2024.odt (2) (iv) The shares of minors/applicant nos.4 to 7 be invested in any nationalized bank under the guardianship of applicant no.1 of her choice till they attain majority with a right to receive the accrued interest at quarterly rests.

ORDER IN CIVIL APPLICATION NO.13994 OF 2021 (DELAY) 1.

Heard the respective counsels.

2.

For the reasons mentioned in the application, the application is allowed. The delay of 98 days caused in preferring the appeal stands condoned. Registry to register the appeal. 3.

Issue notice to the respondents.

4.

Learned counsel Mr. Vivek V. Tarde waives service of notice for the respondents.

ORDER IN CIVIL APPLICATION NO.13995 OF 2021 (STAY) 1.

Heard the respective counsels.

2.

The appellant has arguable points in the appeal. Substantial amount of compensation has been released to the nonapplicants. Hence, the application is allowed and the interim stay granted to the appellant stands confirmed till conclusion of the appeal.

(S.G. MEHARE, J.) Mujaheed//