The Controller, Maha. State Road Transport Corporation, Nagpur v. Gopal S/O Balaji Pawar And Others

1 / 2 47.caf524.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 524 OF 2025 IN FIRST APPEAL NO. 1106 OF 2024 The Controller, MSRTC, Railway Station, Nagpur Vs.

Gopal s/o Balaji Pawar and anr.

---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. V.H. Kedar, Advocate for applicant.

Mr. V.A. Patait, Advocate for respondent Nos.1 & 2. CORAM : ROHIT W. JOSHI, J.

DATE : 17.02.2025.

The respondent Nos.1 and 2 i.e. original claim petitioners have moved the present application seeking permission to withdraw the amount of Rs.15,90,323/- deposited by the appellant with this Court, as a condition for grant of stay to the execution of the impugned award.

2.

The learned counsel for appellant opposes the application stating that the case is one of contributory negligence and therefore, the amount may not be allowed to be withdrawn. The computation of amount of compensation prima facie Prity

2 / 2 47.caf524.2025 appears to be correct. Therefore, it will be proper to allow the respondent Nos.1 & 2 to withdraw a part of the amount. Having regard to the submissions made, I am of the considered opinion that 50% of the amount as deposited along with accrued interest can be allowed to be withdrawn by the respondent Nos.1 and 2, subject to furnishing usual undertaking. 3.

The civil application is disposed of accordingly.

First Appeal No.1106/2024 Heard.

2.

Admit.

3.

Mr. Patait, learned counsel waives service of notice on behalf of respondent Nos.1 & 2.

4.

Put up for final hearing.

(ROHIT W. JOSHI, J.) Prity