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Bombay High CourtCA/5447/2025admittedallowedgrantedrule absolute

Santosh Devidas Dhondde And ANR v. M.S.R.T.C. Dhule Thr Its Div. Controller, Dhule

2025-05-08Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:14201

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

905 CIVIL APPLICATION NO.5447 OF 2025 IN FA/148/2018 Santosh Devidas Dhondde And Anr

VERSUS

M.S.R.T.C. Dhule Thr Its Div. Controller, Dhule .....

Shri. S. N. Lavekar, Advocate for the Applicants. Advocate h/f. Shri. D. S. Bagul, Advocate for Respondent No.1 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MAY 08, 2025 PER COURT :- .

This is the Application in the disposed off First Appeal. 2.

The learned Advocate for the Applicants as well as the learned Advocate h/f. learned Advocate Shri. D. S. Bagul for Respondent No.1 are present.

3.

The Appeal was finally heard and disposed off by the Judgment and order dated 03.04.2025 with the following operative order. "ORDER (i) The Appeal is partly allowed to the extent that, the interest will be from the date of filing the Claim Petition.

(ii) Rest of the impugned Judgment and Award is upheld.

(iii) The Record and Proceedings be sent back to the learned Tribunal."

3.

The Application is filed by the Claimant for withdrawal of the amount along with interest accrued thereon. There is no dispute on the aspect that the MSRTC had deposited the amount under the Award in this Court along with interest accrued thereon. 4.

The Applicant / Claimant had earlier withdrawn Rs.10,00,000/- (Rs. Ten Lakh) from the amount deposited by the M.S.R.T.C. Now, the remaining amount, after recalculation pursuant to para no.(i) of the operative order, be disbursed to the Claimant and excess amount, if any, be refunded to the MSRTC.

5.

In view of the above, the Application stands disposed off. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 10/05/2025 10:34:51