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Bombay High CourtCA/5121/2024admittedallowedgrantedrule absolute

Mangalsingh Nathu Patil v. Maharashtra State Road Transport Corporation Jalgaon

2024-06-13Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:10941 CA 5121/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 CIVIL APPLICATION NO. 5121 OF 2024 IN FA/2922/2023 Mangalsingh Nathu Patil

VERSUS

Maharashtra State Road Transport Corporation Jalgaon ...

Advocate for Applicant : Mr. M.M. Bhokarikar Advocate for Respondent : Mr. M.D. Shinde ...

CORAM

: KISHORE C. SANT, J.

Dated : June 13, 2024 PER COURT :- 1.

Since the appellant MSRTC has already deposited the entire amount of compensation as per the award passed by the MACP, this Court has already granted stay to the impugned judgment and order. Civil Application No. 5121/2024 is filed by the original claimant for withdrawal of amount deposited by the MSRTC in this Court. The applicant is claiming compensation for injury claim. 3.

Though the stay application is allowed, this Court finds that it would be in the interest of justice to allow the applicant to withdraw 50% of the amount deposited by the MSRTC in this Court. Hence, the following order:-

ORDER

(i) The applicant is allowed to withdraw 50% of the amount deposited by the MSRTC in this Court along with the interest on furnishing an undertaking to the effect that in case, the appeal is

CA 5121/24 allowed, the applicant/original claimant shall re-deposit the amount within twelve weeks from the date of said judgment. (ii) The application is disposed of.

( KISHORE C. SANT, J. ) ssc/