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Bombay High CourtCA/13779/2024admittedallowedgrantedrule absolute

Vimal Rajebhau Rathod And ORS v. Maharashtra State Road Transport Corporation Through Divisional Controller,

2024-12-19Hon'Ble Shri Justice Kishore C. Sant2 pages

Ethape ( 1 ) 909-CA-13779-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO. 13779 OF 2024 IN FAST/18456/2024 Vimal Rajebhau Rathod And Ors

VERSUS

Maharashtra State Road Transport Corporation Through Divisional Controller.

WITH CIVIL APPLICATION NO. 8949 OF 2024 IN FAST/18456/2024 WITH CIVIL APPLICATION NO. 8950 OF 2024 IN FAST/18456/2024 ...

Mr. V. S. Sakhare h/f Mr. S. A. Ambad, Advocate for Applicants. Mr. Gajanan N. Tirthkar h/f Mr. D. S. Bagul for Respondents. CORAM : KISHORE C. SANT, J.

DATE : 19th DECEMBER 2024 PC :- CIVIL APPLICATION FOR WITHDRAWAL 1.

This application is for withdrawal of the amount deposited by the appellant in this Court. The applicant Nos.1, 4 and 5 are permitted to withdraw 50% of the amount alongwith accrued interest on furnishing usual undertaking.

Ethape ( 2 ) 909-CA-13779-2024 2.

Further 25% of the amount alongwith accrued interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. 3.

Remaining amount be deposited in a Fixed Deposit in any nationalized bank till disposal of the appeal. 4.

The applicant Nos. 2 and 3 are at liberty to file application for withdrawal after attaining majority.

5.

With this, application stands disposed off.

CIVIL APPLICATION FOR DELAY 6.

Heard the parties.

7.

For the reasons stated in the application, application is allowed. Delay stands condoned. Office to register first appeal FIRST APPEAL 8.

Issue notice to the respondents, returnable on 20th February 2025. 9.

Learned Advocate Mr.Ambad waives service of notice for respondents-claimants.

[KISHORE C. SANT, J.]