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Bombay High CourtCAF/1868/2023ca disposed off

Maharashtra State Road Transport Corporation, Through Its Depot Manager, Wardha v. Lata Wd/O Janardhan Dhale And Others

2024-11-28Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

1 18caf1868.23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1868 OF 2023 IN FIRST APPEAL ST. NO.5728 OF 2023 [Maharashtra State Road Transport Corporation .vs. Lata wd/o Janardhan Dhale and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.S. Charpe, Advocate for Appellant.

Mr. A.R. Rishi, Advocate for Respondent Nos.1 to 3. ..........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 28 th NOVEMBER, 2024.

1.

This is an application for condonation of delay of 99 days caused for filing the appeal.

2.

Perused the application.

3.

Heard the learned advocates for both the sides. 4.

For the reasons stated in the application, the application deserves to be allowed as the delay is not deliberately caused.

5.

The application is allowed and disposed of.

Civil Application (CAF) No.1306/2024 1.

This is an application for withdrawal of entire amount deposited by the appellant.

2.

Perused the application.

3.

Heard the learned advocates for both the sides.

2 18caf1868.23.odt 4.

For the reasons stated in the application, the application deserves to be allowed. The application is partly allowed.

5.

Registry is directed to pay 75% amount to the claimants-respondent nos.1 to 3, on usual undertaking. First Appeal St. No.5728/2023 1.

Heard.

2.

Admit.

3.

Issue notice to the respondents.

4.

Mr. A.R. Rishi, learned advocate waives notice for the respondents.

5.

Call for record and proceedings.

6.

Stand over after twelve weeks.

(SANJAY A. DESHMUKH, J.) Gulande