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Bombay High CourtCA/10955/2016partly allowed and partly dismissed

M.S.R.T.C. Thr Divisional Controller, Division Office At Aurangabad v. Suresh Uttamrao Sonwane And ORS

2025-10-08Hon'Ble Shri Justice Kishore C. Sant3 pages

1 FA 2982-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 2982 OF 2016 Maharashtra State Road Transport Corporation Through Divisional Controller, Division Office at Aurangabad.

.. Appellant

Versus

Suresh s/o Uttamrao Sonwane and others .. Respondents Mr. Kiran D. Jadhav, Advocate for Respondent Nos. 1 to 6. WITH CIVIL APPLICATION NO. 10955 OF 2016 WITH CIVIL APPLICATION NO. 5282 OF 2025 CORAM : KISHORE C. SANT, J.

DATE : 14th OCTOBER, 2025.

PER COURT :- 1.

Not on board. Taken on board. Motion is moved for speaking to minutes of order dated 08.10.2025. 2.

In the order dated 08.10.2025, in appearance, the name of learned advocate 'Mr. Chetan Noringe' be corrected as 'Mr. Chetan Naringe'.

2 FA 2982-2016.odt 3.

In the said order, in paragraph No. 12, the following sentence be added :

"The claimants have already withdrawn amount of Rs. 10 Lakhs only."

4.

In the said order, in operative order, clause Nos. (iii), (iv) and (v) be replaced as under :

"(iii) The respondent Nos. 1 to 4 shall be entitled to withdraw remaining amount of Rs. 15,45,800/- @ 9% p.a. in equal share till payment or realization as the case may be including NFL amount of Rs. 50,000/- (Rs. Fifty Thousand only) as compensation excluding amount of Rs. 10 Lakhs only that is already withdrawn.

(iv) During the pendency of the appeal, respondent No. 2 has attained majority. The respondent No. 1 shall deposit amount of their share in fixed deposit in the name of respondent Nos. 3 and 4 till they attain majority in any nationalized bank and submit duly attested copies of fixed deposit receipts in this Court

3 FA 2982-2016.odt within a period of one month from the date of receipt of compensation amount.

(v) The Court fees if paid on excess amount considering the total amount of Rs. 20,83,000/- be refunded in proportion of the amount awarded by this Court."

5.

In the said order, in operative part, following clause be added :

"Remaining amount be refunded to the appellant." 6.

In the said order, clause No. (vi) be deleted. 7.

Necessary corrections be carried out and fresh order be uploaded.

8.

Motion stands disposed of.

( KISHORE C. SANT, J. ) P.S.B.