Laxman Ankush Jagadale And ORS v. The Executive Director, Vitthalrao Shince Co-Operative Sugar Factory Ltd., Solapur

2024:BHC-AUG:29824 ( 1 ) ca10042.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 CIVIL APPLICATION NO. 10042 OF 2024 IN FAST/24454/2023 LAXMAN ANKUSH JAGADALE AND ORS

VERSUS

THE EXECUTIVE DIRECTOR, VITTHALRAO SHINCE CO-OPERATIVE SUGAR FACTORY LTD., SOLAPUR Mr.S.S. Dargad, Advocate for the applicants.

CORAM

: KISHORE C. SANT, J.

DATE : 13.12.2024 PC :- 01.

This application was on Board dated 18.10.2024. The learned Advocate for the respondent sought time to file reply by way of last chance. The matter was adjourned to 22.11.2024. On 22.11.2024 the matter was not on Board and it appeared on Board on 27.11.2024. Again the matter was adjourned to 11.12.2024 by way of last chance. However, the matter is listed today. Even today none appears for the respondents.

02.

This application is for withdrawal of the amount deposited by the appellant - Sugar factory. The amount deposited is Rs. 7,88,240/-. 03.

Heard learned Advocate for the applicant. The application is partly allowed with following directions :- (i) The applicant Nos. 1 to 3 are allowed to withdraw 50% of the amount deposited along with accrued interest on

( 2 ) ca10042.24 furnishing usual undertaking.

(ii) 25% of the deposited amount along with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Commissioner under the Employees Compensation Act, Beed. (iii) Applicant No.4 is at liberty to make application for withdrawal of amount on attaining majority.

(iv) The learned Commissioner under the Employees Compensation Act, Beed to allow disbursement of amount as indicated above.

(v) The application is accordingly allowed and is disposed off.

[KISHORE C. SANT, J.] snk/2024/dec24/ca10042.24