Maharashtra State Road Transport Corp. Thr. Its Divisional Controller, Jalna v. Jagdish Manu Rathod And Others

12 fa 173-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.970/2022 IN FIRST APPEAL NO.173/2022 Maharashtra State Road Transport Corporation through its Divisional Controller Jalna, Vs.

Jagdish s/o Manu Rathod and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.R. Fule, Advocate for appellant.

Shri G.I. Dipwani, Advocate for respondent Nos.1 to 3. CORAM : M.S. KARNIK , J .

DATED : 25/04/2022 This is an application moved by respondent Nos.1 to 3 for speaking to minutes of the order dated 18/01/2022 passed by this Court. Inadvertently, the permission was granted to respondent Nos.1 to 3 to withdraw 50% amount of the compensation as per their shares specified in clause (iii) of the impugned judgment dated 23/10/2019. In fact, the Tribunal had not granted any compensation to the respondent No.3. This error therefore needs to be corrected. The order dated 18/01/2022 in Civil Application No.36/2022 be now read as under:

"By this application, the applicants/original claimants have sought leave to withdraw the compensation deposited by the appellant.

12 fa 173-2022.odt In view of the reasons stated in the application, the 50% of the compensation deposited by the appellant with proportionate interest accrued thereon be paid to the applicants/respondent Nos.1 & 2 as per their shares specified in clause (iii) of the impugned judgment dated 23.10.2019.

The application is disposed of."

Civil Application is allowed.

[JUDGE] R.S.Sahare Signed By:RANJANA SAMEER SAHARE