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Bombay High CourtCA/15495/2016disposed offdismissed for default

Sumanbai Devidas Dhangare And ORS v. The Secretary, Maharashtra State Road Transport Corporation Thr Divisional Controller And ORS

2016-11-30Hon'Ble Shri Justice P.R. Bora2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 15495 OF 2016 IN FAST/22054/2016 WITH CA/10889/2016 IN FAST/22054/2016 WITH CA/10890/2016 IN FAST/22054/2016 SUMANBAI DEVIDAS DHANGARE AND ORS

VERSUS

THE SECRETARY, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR DIVISIONAL CONTRO ...

Advocate for Applicants : Mr. Patankar, Adv. i/b J.p.legal Associates Smt. Ranjana D. Reddy For R/1 ...

CORAM : P.R. BORA, J.

Dated: November 30, 2016 ...

PER COURT :- 1) Heard learned Counsel for the applicants and learned Counsel for MSRTC. Considering the grounds of objections raised in exception to the impugned judgment and Award, I deem it appropriate to pass the following order, - i) The applicants are permitted to withdraw 50% of the deposited amount on submitting an undertaking that if any adverse order is passed against them, they will re-deposit the said amount within four months of passing such order;

ii) Balance 50% amount be invested in FDR of any BDV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Nationalized Bank for the period till disposal of the appeal. CA for withdrawal of amount is disposed of.

2) Heard on CA for condonation of delay. For the reasons stated in the application, which according to me are just and sufficient, delay of 15 days occurred in filing the present appeal is condoned. Appeal be registered in accordance with law. CA for condonation of delay disposed of. 3) After registration of the appeal, issue notice to respondents, returnable after six weeks. Learned Counsel waives service for Respondent Nos. 1 to 4.

4) In view of the fact that the appellant has deposited entire amount of compensation, the interim stay granted by this Court on 2nd August, 2016 is made absolute. CA for stay disposed of.

( P.R. BORA, J. ) ...

BDV