← Library
Bombay High CourtCA/1364/2025admittedallowedgrantedrule absolute

Maharashta State Road Trnsport Croporetion Chh Sambhaji Nagar v. Yasmin Salim Shaikh And ORS

2025-10-09Hon'Ble Shri Justice Kishore C. Sant4 pages

2025:BHC-AUG:28667 1 922-CA 11207-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11207 OF 2025 IN FAST/3581/2025 Yasmin Salim Shaikh and others .. Applicants

Versus

Maharashtra State Road Transport Corporation Through Divisional Controller .. Respondents Ms. Meera A. Bhosle, Advocate for the Applicants. Mr. D. S. Bagul, Advocate for Respondent No. 1. WITH CIVIL APPLICATION NO. 1364 OF 2025 IN FAST/3581/2025 Maharashtra State Road Transport Corporation Through Divisional Controller .. Applicant

Versus

Yasmin Salim Shaikh and others .. Respondents Mr. D. S. Bagul, Advocate for the Applicant.

Ms. Meera A. Bhosle, Advocate for Respondents. WITH CIVIL APPLICATION NO. 1365 OF 2025 IN FAST/3581/2025 Maharashtra State Road Transport Corporation Through Divisional Controller .. Applicant

Versus

Yasmin Salim Shaikh and others .. Respondents

2 922-CA 11207-2025.odt Mr. D. S. Bagul, Advocate for the Applicant.

Ms. Meera A. Bhosle, Advocate for Respondents. CORAM : KISHORE C. SANT, J.

DATE : 09th OCTOBER, 2025.

PER COURT :- CIVIL APPLICATION NO. 1364 OF 2025 :

1.

This application is for condonation of delay of 145 days caused in filing the appeal by the applicant. 2.

For the reasons stated in the application, delay stands condoned. The civil application is allowed. Office to register first appeal.

3.

The civil application stands disposed of.

CIVIL APPLICATION NO. 1365 OF 2025 :

1.

The applicant has already deposited the amount of compensation as per the impugned judgment and award. 2.

Considering above, there shall be stay to the impugned judgment and award till final disposal of the appeal. 3.

The civil application stands disposed of.

3 922-CA 11207-2025.odt CIVIL APPLICATION NO. 11207 OF 2025 :

1.

At the outset, learned advocate for the applicants seeks leave to correct name of applicant No. 5.

2.

Leave granted. Correction be carried out forthwith. 3.

The applicants are the original claimants who lost earning member of their family in an accident. The amount is already deposited in the office of this Court by the appellant in the appeal. The applicant Nos. 2, 3 and 4 are minors.

4.

Considering that position, following order :

ORDER

(I) The civil application is partly allowed.

(II) The applicant Nos. 1, 5 and 6 are permitted to withdraw 50% of the amount of their share alongwith accrued interest on furnishing usual undertaking. Further 25% of the amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. The amount of share of applicant Nos. 2, 3 and 4 be kept in a fixed deposit in any Nationalized Bank till they attain majority.

4 922-CA 11207-2025.odt Quarterly interest on the said amount be credited to the account of applicant No. 1.

(III) Remaining amount be kept in a fixed deposit in any Nationalized Bank till disposal of the appeal. (IV) With this, the civil application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.