Bhagirath Shymaji Shingane And ANR v. The Div. Controller, M.S.R.T.C Div. Ahmednagar

1040-ca-12583-19 (withdrawal).docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1040 CIVIL APPLICATION NO.12583 OF 2019 IN FAST/15673/2018 BHAGIRATH SHYMAJI SHINGANE AND ANR

VERSUS

THE DIV. CONTROLLER, M.S.R.T.C DIV. AHMEDNAGAR ...

Advocate for Applicants : Mr. Bhapkar S.L.

Advocate for Respondent : Mr. Bhausaheb S. Deshmukh ...

CORAM : SMT. VIBHA KANKANWADI, J.

DATE : 18th OCTOBER, 2019.

ORDER :

.

Present application has been filed for withdrawal of amount. Amount of Rs.68,27,113/- has been deposited in this Court. 2.

Learned Advocate appearing for the respondent submits that the appeal has been filed challenging the finding in respect of negligence and the quantum. The quantum has been taken on very higher side. 3.

All these points have been dealt with by the tribunal at this stage and therefore, when prima facie a competent Court has come to the conclusion and awarded the compensation, definitely, case is made out for partial withdrawal of the amount.

1040-ca-12583-19 (withdrawal).docx 4.

Perusal of the operative order would show that certain amount was directed to be kept in fixed deposits and the apportionment has been done and certain amount has been directed to be paid through account payee cheque. Taking into consideration this aspect, applicant No.1 is allowed to withdraw amount of Rs.6,10,700/- and applicant No.2 is allowed to withdraw amount of Rs.5,00,000/-. Rest of the amount be kept in fixed deposit as per the award.

5.

Applicants shall file an undertaking within a period of eight weeks that they would make the said amount good, if directed at the time of final disposal of the appeal.

6.

Civil Application stands disposed of accordingly. (SMT. VIBHA KANKANWADI, J.) SCM