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Bombay High CourtCA/2570/2024admittedallowedgrantedrule absolute

Kalpana Natha Shinde And ORS v. Div. Controller, M.S.R.T.C., Ahmednagar

2024-03-08Hon'Ble Shri Justice S. G. Mehare1 pages

2024:BHC-AUG:6917 25-CA-2570-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2570 OF 2024 IN FA/3360/2021 KALPANA NATHA SHINDE AND OTHERS

VERSUS

DIV. CONTROLLER, M.S.R.T.C., AHMEDNAGAR ...

Advocate for Applicant : Mr. Vivek V. Tarde Advocate for Respondent : Mr. A. B. Dhongade ...

CORAM : S. G. MEHARE, J.

DATE : 08-03-2024 PER COURT :- 1.

Heard the learned counsel for the parties.

2.

In view of the facts and circumstances of the case, following order is passed:-

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.

iv) The shares of minors/applicants No.2 to 4 under the guardianship of applicant No.1/mother be invested in any Nationalized Bank of her choice till they attain the majority with a right to receive the accrued interest at quarterly rests. ( S. G. MEHARE ) JUDGE rrd