Chhaya W/O Ramdas Bade And ORS v. Balu Ghanshyam Jadhav And ORS

915 ca.10195.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

915 CIVIL APPLICATION NO. 10195 OF 2024 IN FAST/1812/2024 CHHAYA W/O RAMDAS BADE AND ORS

VERSUS

BALU GHANSHYAM JADHAV AND ORS ...

Advocate for Applicant : Mr. Dattatraya Rambhau Markad. Advocate for Respondent No.2 : Mr. Atul Pawar, h/f Mr. B. S. Deshmukh. ...

AND CIVIL APPLICATION NO. 3780 OF 2024 IN FAST/1812/2024 THE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION AHMEDNAGAR THROUGH ITS DIVISIONAL CONTROLLER

VERSUS

SMT. CHHAYA RAMDAS BADE AND ORS CORAM :

KISHORE C. SANT, J.

DATE :

11th October, 2024.

P.C.:

.

Heard.

On application for withdrawal of amount:

The application is moved by the wives and children of deceased Ramdas for withdrawal of amount to the extent of their share from the amount deposited in this Court by respondent/Appellant / Maharashtra State Road Transport Corporation. The application is opposed by respondent No.2. However, since the amount is of compensation and the applicants have lost the earning member of the family, this Court is

915 ca.10195.24.odt inclined to pass the following order is passed:-

O R D E R

I.

Civil application for withdrawal of amount is partly allowed. II.

Applicant Nos.1 and 4 are permitted to withdraw 50% of the amount deposited in this Court to their extent alongwith accrued interest on furnishing usual undertaking. Further 25% of the amount is allowed to be withdrawn on furnishing solvent surety / security to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

III.

As applicant Nos.2 and 3 are concerned, since they are minor, the amount of their share also be kept in fixed deposit. The interest received on their amount be transferred in the account of applicant No.1 after every six months.

[ KISHORE C. SANT, J. ] nga