Tirupati Digamber Kausale v. The Maharashtra State Road Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO.13359 OF 2023 IN FAST/3095/2023 WITH CA/1153/2023 IN FAST/3095/2023 WITH CA/1154/2023 IN FAST/3095/2023 TIRUPATI DIGAMBER KAUSALE

VERSUS

THE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION ...

Advocate for Applicant : Mr. Pathan Hamzakhan I. Advocate for Respondent No.1 : Mr. A. B. Dhongade ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

03/11/2023 PER COURT :

1.

The present appeal is filed by the MSRTC disputing involvement of the vehicle and the F.I.R. is being is filed after ten days. 2.

Civil Application No.13359 of 2023 is filed for withdrawal of amount of compensation deposited in this Court. I deem it appropriate to permit the applicant to withdraw 70% of amount of compensation deposited in this Court along with accrued interest thereon till date. Application for withdrawal of amount stand disposed of. 3.

Civil Application No.1153 of 2023 is filed for condonation of delay of 111 days caused in filing the appeal. For the reasons stated in the application, the said application is allowed and disposed of. 4.

Civil Application No.1154 of 2023 is filed for stay. The learned

944 CA 13359-2023 Advocate for the applicants submits that the amount has been deposited in this Court as per the directions of this Court. In view of the same, the Stay order passed by this Court dated 01/02/2023, in the application for stay, is confirmed. The application filed for Stay stands disposed of.

5.

The appeal is Admitted.

6.

After admission, the learned Advocate Mr. H. I. Pathan waives service of notice on behalf of claimant.

( ARUN R. PEDNEKER, J. ) vj gawade/-.