Meera Arun Hanwat And ORS v. The Div. Controller, M.S.R.T.C., Ahmednagar.

C.A.No.5755-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5755 OF 2021 IN FIRST APPEAL NO. 157 OF 2021 Meera Arun Hanwat and ors.

..Applicants

Versus

Maharashtra State Road Transport Corporation, Mumbai through Divisional Controller, Ahmednagar Division, Ahmednagar ..Respondent Mr U.U. Wagh, Advocate for applicants Mr A.D. Wange, Advocate for respondent CORAM : SHRIKANT D. KULKARNI, J.

DATE : 3rd July 2021 PER COURT :

1.

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

2.

Heard Mr U.U. Wagh, learned Advocate for the applicants/original claimants and Mr A.D. Wange, learned Advocate for respondent/M.S.R.T.C. 3.

Perused the impugned judgment and award passed by the Member, M.A.C.T. Ahmednagar in M.A.C.P. No.92 of 2017 dated 24.6.2020. 4.

As per the order passed by this Court dated 17.2.2021, the respondent/M.S.R.T.C. has deposited 75% of the amount of compensation in this case. So far as defence raised by the respondent/M.S.R.T.C. is concerned that has been taken care of by not directing to deposit the entire decretal amount. Only 75% of the amount of compensation is directed to be deposited.

C.A.No.5755-2021 5.

Having regard to the above scenario, it is necessary to allow the applicants to withdraw the entire amount of compensation deposited by the respondent/M.S.R.T.C. in this Court, however, on usual undertaking. With this, I conclude and proceed to pass the following order :

ORDER

(i) The application for withdrawal of amount is hereby allowed in terms of prayer clause (A) on usual undertaking to be furnished by the applicants with the Registrar (Judiciail) of this Court.

(ii) Civil Application stands disposed of accordingly. ( SHRIKANT D. KULKARNI, J.) vvr