Sumitra Dattu Gawali And Others v. The Maharashtra State Road Transport Co. Thr Divisional Controller, Msrtc, Div. Dhule

2025:BHC-AUG:31794 1 910.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12544 OF 2025 IN FA/1320/2022 SUMITRA DATTU GAWALI AND OTHERS

VERSUS

THE MAHARASHTRA STATE ROAD TRANSPORT CO.

THR DIVISIONAL CONTROLLER, MSRTC, DIV. DHULE ...

Advocate for Applicants : Mr. Umesh Mitkari h/f. Mr. Kulkarni Mukul S.

Advocate for Respondent : Mr. Bhausaheb S. Deshmukh (through V.C.) ...

CORAM : ABHAY J. MANTRI, J.

DATE : 19th NOVEMBER, 2025 PER COURT :

1.

Applicants/original claimants have moved this application to permit them to withdraw the amount of Rs. 14,88,775/- deposited by the appellant herein. For which the learned Advocate for the respondent/appellant has objected.

2.

Learned Advocate for the applicants further submitted that during the pendency of the appeal, original claimant no. 4, i.e. Indubai, expired.

3.

Having considered the ground disclosed in the application as well as gone through the impugned judgment, I deem it appropriate to permit the applicants to withdraw an amount of Rs. 10 Lakhs, on furnishing the undertaking to the satisfaction of the Registrar (J).

2 910.odt 4.

In view of the above, the Application is partly allowed as under. Applicants are entitled to withdraw Rs. 10 Lakhs, out of which an amount of Rs. 5 Lakhs is to be paid to applicant no. 1 - Sumitra, and Rs. 2,50,000/- each is to be paid to applicant nos. 2 and 3, respectively. The Registrar (J) is requested to transmit the said amount to the bank account of the respective applicants within a period of six weeks upon their furnishing an undertaking and bank account details to the Registry. 5.

The application is partly allowed and disposed of. ( ABHAY J. MANTRI, J. ) SPC