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Bombay High CourtCA/3331/2025admittedallowedgrantedrule absolute

Janabai Eknath Umbarkar And ORS v. Divisional Controller Maharashtra State Road Transport Corporation

2025-03-25Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:9027 ca 3331.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 CIVIL APPLICATION NO. 3331 OF 2025 IN FAST/25391/2024 Janabai Eknath Umbarkar And Ors

VERSUS

Divisional Controller Maharashtra State Road Transport Corporation ...

Advocate for Applicant : Mr. Kute Rajendra Laxmanrao Advocate for Respondents : Mr. D.S.Bagul ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : March 25, 2025 PER COURT :- 1.

Heard Mr. Kute, learned advocate appearing for the applicants.

2.

The applicants seeks modification of the order dated 14.1.2025 passed in CA No.394 of 2025, by which the applicants are permitted to withdraw 50% of the compensation amount as deposited by respondent, on furnishing undertaking to the satisfaction of the Registrar Judicial of this Court. 3.

Mr. Kute learned counsel submits that applicant no.3 Shakuntala Dnyandeo Umbarkar is aged about 84 years old and she cannot travel and remain present before the Registrar for giving undertaking as directed by this Court and seeks transfer of the compensation amount to the Tribunal at Sangamner so that she can furnish undertaking to the satisfaction of the Tribunal.

ca 3331.25.odt 4.

Considering the difficulty as posed, applicant no.3 Shakuntala Dnyandeo Umbarkar is permitted to verify the affidavit/undertaking before the learned Member of the MACT, Sangamner and after verification, undertaking is permitted to be placed on record of this appeal, which shall be considered as sufficient compliance. Thereafter, compensation amount falling to her share be released alongwith other applicants. CA stands disposed of.

( S. G. CHAPALGAONKAR, J. ) ...

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