Machindra Namdev Rasal v. The Maharashtra State Road Transport Corporation Through The Divisional Controller

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 115 CIVIL APPLICATION NO. 9071 OF 2024 IN FA/414/2023 MACHINDRA NAMDEV RASAL

VERSUS

THE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH THE DIVISIONAL CONTROLLER ...

Advocate for Applicant : Mr. Wagh Umakant U.

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

CORAM : KISHORE C. SANT, J.

DATE : 13th SEPTEMBER, 2024.

PER COURT :

1.

Heard the parties.

2.

This application is filed for withdrawal of the amount deposited in this Court by the respondent Claimants herein. 3.

This Court by earlier order dated 9.1.2023 had permitted the applicant to withdraw 50% of the amount on furnishing usual undertaking.

4.

The applicant has now again filed an application on the same ground as he is required to be operated at Pune. He is having certificate issued by Sancheti Institute Arthopedic & Rehabilitation, Pune in which it is stated that the estimated cost of research is around Rs. 7,00,000/-.

5.

Amount deposited in this Court is also Rs. 1 Crore and 13 lakhs and out of the same 50% amount is already withdrawn. However, considering medical expenses, he is further allowed to withdraw 10,00,000/- (Ten Lakhs Only) on furnishing usual undertaking. Hence this Court inclined to pass following order :

ORDER

i) The Civil Application stands allowed.

ii) The applicant is entitled to withdraw 10,00,000/- (Rs. Ten Lakhs Only) from the amount which is still lying in this Court on furnishing usual undertaking.

iii) It is made clear that the amount is allowed to be withdrawn is because of medical ground only.

iv) The Civil Application stands disposed off.

( KISHORE C. SANT ) JUDGE mahajansb/