Laxmibai Dhondiram Jadhav And Another v. Div. Controller, M.S.R.T.C., Div. Office, Latur And Another

1 934-CA-5136-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO.5136 OF 2022 IN FA/1761/2021 LAXMIBAI DHONDIRAM JADHAV AND ANOTHER

VERSUS

DIV. CONTROLLER, M.S.R.T.C., DIV. OFFICE, LATUR AND ANOTHER ...

Advocate for Applicants : Mr S.V. Mundhe Advocate for Respondent No.1 : Mr A.D. Wange h/f Mr A.B. Dhongade CORAM : SHRIKANT D. KULKARNI, J.

DATE : 5th APRIL, 2022 PER COURT :

1.

It is an application for withdrawal of compensation amount moved by the applicants/claimants.

2.

Heard Mr S.V. Mundhe, learned counsel for the applicants and Mr A.D. Wange holding for Mr A.B. Dhongade, learned counsel for respondent No.1/MSRTC.

3.

Mr A.D. Wange holding for Mr A.B. Dhongade, learned counsel for respondent No.1/MSRTC strongly opposed to allow this application in the background of grounds raised in the appeal memo whereas Mr S.V. Mundhe, learned counsel for the applicants submitted that the MSRTC has challenged the Judgment of the Tribunal only on the point of quantum of compensation. 4.

Having considered the submissions of both the sides, I proceed to pass the following order :-

2 934-CA-5136-2022

ORDER

(A) The application is hereby allowed as under :- (i) The applicants/claimants are permitted to withdraw 50% of the amount of compensation with accrued interest thereon on furnishing usual undertaking with the Registrar (Judicial) of this Court. (ii) The civil application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta