Smt Nirmala Wo Dattatray Solanke And ORS v. Msrtc Thrugh Its Managing Dirctor Maharashtra Vashatuk Bhavan Dr Anantrao Nair Marg Mumbai Central

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO.12424 OF 2023 IN FAST/1355/2023 WITH CA/528/2023 IN FAST/1355/2023 WITH CA/530/2023 IN FAST/1355/2023 SMT NIRMALA WO DATTATRAY SOLANKE & OTHERS

VERSUS

MSRTC THRUGH ITS MANAGING DIRECTOR MAHARASHTRA VASHATUK BHAVAN DR ANANTRAO NAIR MARG MUMBAI CENTRAL ...

Advocate for Applicants : Mr.D.M.Shinde Advocate for Respondent nos.1 and 2 : Mr.M.D.Shinde ...

CORAM :ARUN R. PEDNEKER, J.

DATE :02.11.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL 1] The present civil application is filed for withdrawal of the amount deposited by the appellant in this Court.

The first appeal is filed on the ground of contributory negligence and quantum.

3] Heard the learned counsel for the parties.

4] Without going into the merits of the matter, the present applicants are permitted to withdraw 50% of the amount of compensation deposited in this Court along with interest accrued thereon till date on furnishing usual undertaking to the satisfaction of the Registrar [Judicial] of this court. Civil Application is disposed of accordingly. B] ORDER IN CIVIL APPLICATION FOR DELAY 1] The present Civil Application is filed to condone the delay of 42 days in filing the First Appeal. For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Appeal be registered. Civil Application is disposed of accordingly. C] ORDER IN CIVIL APPLICATION FOR STAY The appellant has deposited entire amount in this Court. The interim stay granted by this Court stands confirmed. Civil Application is disposed of accordingly. D] ORDER IN FIRST APPEAL 1] First Appeal is admitted.

On admission, Mr.D.M.Shinde, learned counsel waives notice for respondent nos.1 to 3.

3] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC