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Bombay High CourtCAW/920/2025allowed

Divisional Controller, Akola v. Kailash Vithuji Landge

2025-07-02Hon'Ble Shri Justice Ravindra Madhusudan Joshi2 pages

wp7035.22.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.7035 OF 2022 (Divisional Controller, Division Office, M.S.R.T.C., Akola Vs. Kailash Vithuji Landge) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. V. P. Panpalia, Advocate for Petitioner.

Mr. M. S. Sharma, Advocate for Respondent.

CORAM: R. M. JOSHI, J.

DATE: 2 nd JULY, 2025.

CIVIL APPLICATION (W) NO.920 OF 2025:

1.

This application is filed by the original respondent for withdrawal of sum of Rs.36,691/-. 2.

At the outset learned Counsel for the respondent seeks leave to amend prayer clause to mention correct amount. Leave granted. Amendment be carried out forthwith. The amount deposited by the petitioner pursuant to the impugned order passed by the learned Labour Court. 3.

Heard learned Counsel for both sides.

4.

Order dated 09.09.2024 passed by this Court after hearing Counsel for both sides indicate that the stay was granted only to the extent of sum of Rs.14,076/- towards difference of T.A. and Rs.1,03,004/- towards past payment of settlement amount. It is thus clear that the Court had no intention not to permit the respondent to withdraw the amount of Rs.33,691/-. Hence, application stands

wp7035.22.O.odt allowed in terms of prayer clause (a) which is inclusive of the principle amount of Rs.26,010/- and interest accrued thereon.

5.

Needless to say that the said deposit is subject to the outcome of the petition.

(R. M. JOSHI, J.) NSN