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Bombay High CourtCA/13245/2025admittedallowedgrantedrule absolute

Komal Gajanan Bavaskar And ORS. v. Pralhad Ramdas Patil And ANR.

2025-12-02Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

2025:BHC-AUG:33452 926-ca-13245-2025 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13245 OF 2025 IN FA/605/2025 Komal Gajanan Bavaskar And Ors.

VERSUS

Pralhad Ramdas Patil And Anr.

...

Ms. Kirti Deshpande h/f Mr. M. M. Bhokarikar, Advocate for Applicants Mr. A. D. Wange, Advocate for Respondent no.2 WITH CIVIL APPLICATION NO. 6328 OF 2025 IN X-OBJ/119/2025 WITH X-OBJECTION NO. 119 OF 2025 IN FA/605/2025

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 02nd DECEMBER, 2025 PER COURT :- CIVIL APPLICATION NO. 13245 OF 2025 1.

This is an application for seeking withdrawal of amount deposited by the respondent no.2/M.S.R.T.C. in this Court as per the impugned judgment and award.

2.

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

3.

Learned Advocate for the respondent strongly opposed the application and and prayed to reject the application. 4.

Considering the peculiar set of the facts, the application deserves to be partly allowed in the interest of justice. Hence, the following order:

926-ca-13245-2025 -2ORDER a.

Civil Application is partly allowed.

b.

Applicants are permitted to withdraw 50% amount deposited in this Court alongwith interest accrued thereon on furnishing usual undertaking and 25% on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

Registry to calculate the amount permitted to be withdrawn by the applicants and disburse the same to the applicants in the proportion determined by the learned Trial Court.

d.

Amount lying in the share of minor applicants be deposited in fixed deposit in any nationalized bank until they attain majority.

e.

Civil Application stands disposed of.

CIVIL APPLICATION NO. 6328 OF 2025 1.

This is an application seeking condonation of delay; however, no delay has in fact occurred in filing the Cross Objection. 2.

Learned Advocate for the applicants therefore seeks leave to withdraw the application.

3.

Leave granted. Civil Application stands disposed of as withdrawn.

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