Jayabai Balaji Chavan And ANR v. Sham Manikrao Shastri And ORS

2025:BHC-AUG:22223 -1- 915-CA-8310-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8310 OF 2025 IN FA/312/2022 JAYABAI BALAJI CHAVAN AND ANOTHER

VERSUS

SHAM MANIKRAO SHASTRI AND OTHERS ......

Advocate for Applicants : Mr. Lale Yelwatkar Santram Neharaba ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 14 AUGUST 2025 PER COURT :

1.

This is an application for withdrawal of amount of compensation deposited by respondent no.1.

2.

Learned counsel for applicants pointed out that, after getting the matter circulated, he had intimated about the same to the learned counsel for respondents. That, in spite of intimation, he has not turned up and even on last occasion he had not appeared. It is a death claim. That, amount is already deposited and claimants are deprived of the claim amount since 2022.

3.

Matter was called out today in the morning session, but as none appeared for respondent no.1, it was kept back twice. At 2:45 p.m.,

-2- 915-CA-8310-2025 after call being given, none appears for respondent No.1. Statement is made across the bar that out of total compensation of Rs.3,42,810/-, amount of Rs. Rs.1,80,000/- has been deposited in the reference court. 4.

After considering the record, it is evidence that applicants are beneficiaries of compensation by virtue of order passed in WCA No. 118 of 2014. Appeal is still pending and therefore, it would be just and appropriate to allow the applicants to withdraw Rs.1,00,000/- on furnishing usual undertaking.

5.

The application stand disposed off.

(ABHAY S. WAGHWASE, J.) Tandale