Sangitabai Vishal Dhangar And ORS v. Nimba Pandit Khairnar And ANR
912 CA NO. 6680 OF 2025 ++.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 6680 OF 2025 IN FAST/29947/2024 Sangitabai Vishal Dhangar And Ors
VERSUS
Nimba Pandit Khairnar And Anr ...
Mr. Malpani Mohit Rajendra, Advocate for Applicants Mr. Anand Dnyanoba Wange, Advocate for Respondent No.2 WITH CIVIL APPLICATION NO. 13794 OF 2024 IN FAST/29947/2024 Depot Manager / Divisional Controller Maharashtra State Road Transport Corporation Jalgaon
VERSUS
Sangitabai Vishal Dhangar And Ors Ar ...
Mr. Anand Dnyanoba Wange, Advocate for Applicant Mr. M. R. Malpani, Advocate for Respondent Nos.1 to 6 WITH CIVIL APPLICATION NO. 13795 OF 2024 IN FAST/29947/2024 Depot Manager / Divisional Controller Maharashtra State Road Transport Corporation Jalgaon
VERSUS
Sangitabai Vishal Dhangar And Ors Ar ...
Mr. Anand Dnyanoba Wange, Advocate for Applicant Mr. M. R. Malpani, Advocate for Respondent Nos.1 to 6 ....
CORAM : SANJAY A. DESHMUKH, J.
DATE : 20.11.2025
(( 2 )) PER COURT :- APPLICATION FOR STAY This is an application seeking stay to the execution of the impugned judgment and award.
The learned counsel for the applicant submits that the entire amount as per the impugned judgment and award is deposited in this Court.
In view of the above, the application is allowed in terms of prayer clause 'B' and disposed of.
APPLICATION FOR WITHDRAWAL OF AMOUNT This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. Heard the learned advocates for both sides.
Learned advocate for respondent strongly opposed the application.
Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order:
(( 3 )) ::ORDER::
a.
The application is partly allowed.
b.
The applicants are permitted to withdraw 75% of the amount with accrued interest thereon deposited in this Court on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.
APPLICATION FOR DELAY Heard the learned counsel for the parties.
This is an application for condonation of delay of 397 days caused in filing the first appeal.
The learned counsel for respondent strongly opposed the application and submitted that there is no sufficient reason to condone the delay.
Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence the following order:
(( 4 )) ::ORDER::
a.
Civil Application is allowed.
b.
The delay of 397 days caused in filing the first appeal is hereby condoned.
FIRST APPEAL Issue notice to the respondents, returnable on 13.01.2026.
Mr. M. R. Malpani, learned Advocate waives service of notice for Respondent Nos.1 to 6.
Call for Record and Proceedings.
Learned advocate for the appellant is directed to provide the copy of the appeal memo and other relevant documents to the learned advocate for the respondents.
[ SANJAY A. DESHMUKH, J. ] HRJadhav