Maharashtra State Transport Corporation v. Yuvraj Namdeo Patil And ORS

2025:BHC-AUG:31196 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10819 OF 2025 IN FAST/27630/2024 Yuvraj Namdeo Patil And Ors

VERSUS

Maharashtra State Road Transport Corporation ...

A. D. Sonar, Advocate for Applicants Mr. A. D. Wange, Advocate for Respondent no.1 ...

WITH CIVIL APPLICATION NO. 13206 OF 2024 IN FAST/27630/2024 WITH CIVIL APPLICATION NO. 13207 OF 2024 IN FAST/27630/2024

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 07th NOVEMBER, 2025 PER COURT :- CIVIL APPLICATION NO. 10819 OF 2025 This is an application for withdrawal of amount under impugned judgment and award deposited with this Court. Perused the application. Heard learned Advocates for both the sides.

Learned Advocate for the respondent no.1 strongly opposed the application and prayed to reject the same. 4.

Considering the reasons stated in the application and fact situation of the case, it would be proper to partly allow the application. Hence, following order:

-2ORDER a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw 75 percent amount out of deposited amount alongwith interest accrued thereon by furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

Civil Application stands disposed of.

CIVIL APPLICATION NO. 13206 OF 2024 This is an application for condonation of 108 days caused in filing present First Appeal.

Perused the application. Heard learned Advocates for both the sides.

Learned Advocate for the respondent strongly opposed the application stating that the delay is not properly explained. 4.

On perusal of application it appears that the delay is not deliberately caused and needs to be condoned in the interest of justice. Hence, following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 108 days caused in filing present First Appeal is hereby condoned.

c.

Civil Application stands disposed of.

-3CIVIL APPLICATION NO. 13207 OF 2024 This is an application for grant of stay to the execution and operation of the impugned judgment and award under challenge. Learned Advocate for the applicant pointed out that entire award amount under impugned judgment and award is deposited and prayed for stay to the execution and operation of the impugned judgment and award.

Considering the reasons stated in the application, Civil Application deserves to be allowed and is allowed in terms of prayer clause 'B'.

FIRST APPEAL ST. NO.27630 OF 2024 Respondent no.3 be deleted. Amendment be carried out within two weeks.

Call Record and Proceedings.

Stand over to 28.11.2025.

(SANJAY A. DESHMUKH, J.) Rushikesh/2025