Maharashtra State Raod Transport Corporation Through Divisional Controller Dhule v. Ishwar Dagaji Patil

2025:BHC-AUG:31190 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4835 OF 2025 IN FAST/10532/2024 Ishwar Dagaji Patil And Anr

VERSUS

Maharashtra State Road Transport Corporation And Ors ...

Mr. S. S. Patil, Advocate for Applicants Mr. D. S. Bagul, Advocate for Respondent no.1 ...

WITH CIVIL APPLICATION NO. 6232 OF 2024 IN FAST/10532/2024

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 07th NOVEMBER, 2025 PER COURT :- CIVIL APPLICATION NO. 4835 OF 2025 This is an application for withdrawal of the amount under impugned judgment and award deposited in this Court. Perused the application. Heard the Advocates for both the sides.

Learned Advocate for the respondent strongly opposed the application.

4.

Considering the peculiar state of facts, it would be proper to partly allow the application. Hence, following order:

-2ORDER a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw 50 percent amount out of deposited amount alongwith interest accrued thereon by furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

Civil Application stands disposed of.

CIVIL APPLICATION NO. 6232 OF 2024 This is an application for condonation of delay of 102 days caused in filing present First Appeal.

Perused the application. Heard learned Advocates for both the sides.

Learned Advocate for the respondents strongly opposed the application.

4.

Considering the reasons stated in the application, it appears that the delay is not deliberately caused and the application deserves to be allowed in the interest of justice. Hence, following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 102 days caused in filing First Appeal is hereby condoned.

c.

Civil Application stands disposed of.

-3FIRST APPEAL ST.NO.10532 OF 2024 Issue notice to the respondents, returnable on 19.12.2025. Learned Advocate Mr. S. S. Patil, waives service of notice for respondent nos.1 and 2.

Call Record and Proceeding.

Stand over to 19.12.2025.

(SANJAY A. DESHMUKH, J.) Rushikesh/2025