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Bombay High CourtCA/7412/2025admittedallowedgrantedrule absolute

Kantabai Bajirao Mekle v. Maharashtra State Road Transport Corporaton Through And ANR

2025-07-21Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:19107 47-CA.7412-25 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 47 CIVIL APPLICATION NO. 7412 OF 2025 IN FAST/8280/2024 KANTABAI BAJIRAO MEKLE

VERSUS

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH AND ANR ...

Advocate for Applicant : Mr. Shinde Ram Shivajirao. Advocate for Respondent No.1 : Ms. Saheba Kaur Neb h/f Mr. D. S. Bagul.

...

WITH CIVIL APPLICATION NO. 5912 OF 2024 IN FAST/8280/2024 MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

VERSUS

KANTABAI BAJIRAO MEKLE AND ANR ...

Advocate for Applicant : Ms. Saheba Kaur Neb h/f Mr. D. S. Bagul.

Advocate for Respondent No.1 : Mr. Shinde Ram Shivajirao. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 21.07.2025 PER COURT :- 1.

Heard both the sides.

2.

For the reasons stated in the Civil Application No.5912 of 2024, delay stands condoned.

3.

Civil application for delay is allowed.

4.

Office shall register first appeal.

47-CA.7412-25 & ors.odt In Civil Application No.7412 of 2025 (Withdrawal) 5.

Applicant is seeking withdrawal of amount of Rs.5,44,429/- deposited by respondent/Corporation plus statutory deposits of Rs.25,000/-. It is demonstrated by learned counsel for the applicant that less amount is awarded by the Tribunal in ignorance of second scheduled under Section 163A. 6.

Learned counsel Ms. Saheba Kaur holding for Mr. Bagul appearing for respondent/Corporation does not have serious objections.

7.

For the reasons stated in the application, applicant is permitted to withdraw the amount deposited in this Court along with accrued interest on furnishing undertaking. 8.

Civil application of withdrawal of amount is allowed. In First Appeal 9.

Learned counsel for the appellant seeks time to take instructions as to whether the appellant want to continue with the first appeal or not.

10.

Stand over to 18.08.2025.

(SHAILESH P. BRAHME, J.) ...

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