Sharad Uttamrao Bagade v. Gaffurshah S/O Nabishah And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) 2089 OF 2025 IN FIRST APPEAL NO. 219 OF 2022 Sharad Uttamrao Bagade Vs.

Gaffurshah S/o Nabishah and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. R.R. Rathod, Advocate for appellant Shri. P.N. Varma, Advocate for respondent Nos. 1, 1(a) to 1(d) through V.C. Shri Vedant Akhade, Advocate h/f Shri A.M. Kukday, Advocate for respondent No.2 CORAM : SHRI ABHAY J. MANTRI, J.

DATED : 20.06.2025 The applicants, original claimants Nos. 1, (1a), (1c), and (1d), have filed an application for modification of the order dated 01.04.2024, passed in Civil Application No. 2582/2023, in this appeal. 2.

Learned Counsel for the applicants submitted that the learned Labour Court has partly allowed the claim of the original claimants except the applicant No. 3 therein, i.e. applicant No. (1b) in Civil Application No. 2582/2023. However, while passing the order, this Court allowed the application and permitted all applicants, i.e., (1a) to (1d), to withdraw 75% of the compensation amount on the terms and conditions mentioned therein. Therefore, the learned Counsel for the applicants submitted that

2 10 caf 2089-2025.odt the said order is required to be modified to the extent of the applicant No. (1b) in Civil Application No. 2582/2023, as the learned Labour Court has not granted any relief in his favour.

3.

Having considered the above submissions and on perusal of the record and order passed by this Court, I found substance in the submissions of the learned Advocate in that regard. Thus, in my view, paragraph No. 5 of the order dated 04/01/2024 needs to be modified. Hence, I proceed to pass the following order:

ORDER

1) The application is allowed; accordingly, the order dated 04/01/2024 is modified as under : The respondent Nos. 1, (1a), (1c) and (1d) are permitted to withdraw 75% of the amount of compensation deposited by the appellant as per the terms and conditions mentioned in paragraph No. 5 of the order dated 04/01/2024.

2) It is made clear that applicant No. (1b) is not entitled to withdraw the amount.

The application stands disposed of.

JUDGE Jayashree....