Pratibha Shaluman Shirsath And ORS v. The Div. Controller, M.S.R.T.C., Ahmednagar

( 1 ) 939 ca 8361.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 8361/2022 IN FA/581/2021 PRATIBHA SHALUMAN SHIRSATH AND ORS

VERSUS

THE DIV. CONTROLLER, M.S.R.T.C., AHMEDNAGAR ...

Advocate for Applicants : Latange V.P.

Advocate for Respondent : Mr. Wange Anand D.

...

CORAM : ANIL L. PANSARE, J.

DATE : 8th July, 2022 P.C.:- Heard. The applicants are seeking withdrawal of the amount deposited by the MSRTC.

2.

The MSRTC has filed appeal against the judgment and award dated 24.06.2020 passed by the M.A.C.T., Ahmednagar in MACP No.218/2017. One of the main ground of challenge is that the learned Tribunal ignored the aspect of contributory negligence and accordingly learned counsel for the non-applicants has raised objection for releasing the amount in favour of the applicant.

( 2 ) 939 ca 8361.22 3.

Considering the submissions made by the non-applicant/appellant, the purpose will be served if the applicants are allowed to withdraw 50% of the amount of compensation deposited by the Corporation.

Hence, the following order:- i) The applicants are allowed to withdraw 50% of the amount on furnishing an undertaking to the satisfaction of the learned Registrar (Judicial).

ii) The application stands disposed of.

[ANIL L. PANSARE, J.] mub