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Bombay High CourtCA/6134/2024admittedallowedgrantedrule absolute

Smt. Ratnabai Wd/O. Keshav Bharude And ORS v. The Maharashtra State Road Transport Corporation And ANR

2024-07-04Hon'Ble Shri Justice Kishore C. Sant1 pages

2024:BHC-AUG:13418

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 6134 OF 2024 IN FA/3090/2023 Smt. Ratnabai Wd/o. Keshav Bharude And Ors

VERSUS

The Maharashtra State Road Transport Corporation And Anr ...

Advocate for Applicant : Mr. M.H. Patil Advocate for Respondent 1 : Mr. M.D. Shinde ...

CORAM

: KISHORE C. SANT, J.

Dated : July 04, 2024 PER COURT :- 1.

Heard the parties. This application is for withdrawal of amount deposited by the appellant/Insurance Company in this Court along with accrued interest.

2.

The application is vehemently opposed by the learned counsel for the Insurance Company.

3.

Considering that the application is by the claimant, who lost earning member of the family, it would not be in the interest of justice to deprive them from receiving the compensation amount. No purpose will be served by keeping the amount idle in this Court. Hence, the order.

ORDER

(i) The application is allowed. The applicants are permitted to withdraw 50% of the amount along with accrued interest on submitting usual undertaking. The undertaking be filed by applicant No. 1 for herself and for all other applicants. Further 25% of the amount is permitted to be withdrawn on furnishing solvent security/surety to the satisfaction of the learned Registrar Judicial of this Court. The balance amount be invested in fixed deposit in any nationalized bank till the disposal of the appeal. With this, the application stands disposed of. ( KISHORE C. SANT, J. ) ssc/