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Baban Shankar Gade (Since Deceased) Thr Lrs. Subhadrabai Baban Gade And ORS v. The Union Of India, Thr General Manager, Cr. Cst Mumbai And ANR

2025-01-22Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:1938 920 CA 6506-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO. 6506 OF 2024 IN FIRST APPEAL NO. 3345 OF 2018 BABAN SHANKAR GADE (SINCE DECEASED) THROUGH L.RS. SUBHADRABAI BABAN GADE AND OTHERS

VERSUS

THE UNION OF INDIA THROUGH GENERAL MANAGER CR. CST MUMBAI AND ANOTHER ...

Mr. Tushar Shinde h/f. Mr. C.K. Shinde - Advocate for Applicants Mr. M.N. Navandar - Advocate for Respondent Nos.1 and 2 Mr. R.B. Dhaware - AGP for Respondent No.3, State ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 22nd JANUARY, 2025 PER COURT :

1.

This is an application filed for withdrawal of amount of compensation.

2.

Perused the application. Heard learned advocates for the applicants and respondent Nos.1 and 2 and learned A.G.P. for respondent No.3, State.

3.

Learned advocate for respondent Nos.1 and 2 strongly opposed the application and submitted not to allow the application. He pointed out that this Court earlier directed to Registry to pay 50% Pooja Kale 1/2

920 CA 6506-2024 amount to the claimants which is withdrawn. However, learned advocate for the applicants prayed for allowing the application. 4.

After considering the contentions raised in the application as well as the arguments submitted on behalf of both the parties, it would be proper to allow the application as under : 5.

Registry is directed to pay remaining 50% amount alongwith accrued interest thereon. The 25% amount be paid on furnishing usual undertaking and 25% of the amount alongwith accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. 6.

The application is disposed of.

[ SANJAY A. DESHMUKH ] JUDGE Pooja Kale 2/2