Pravin S/O Mahadu Dhole v. Union Of India, Through Secretary, The Ministry Of Road Transport And Highway, New Delhi And Others

1 913-320-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 320/2021 Pravin s/o Mahadu Dhole Vs.

Union of India, Through the Secretary, The Ministry of Road Transport and Highway and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Raju Kadu, Advocate for Petitioner Mr. Shadan Khan, Adv. h/f Ms. Nisha Burange, Adv. for Respondent No.1 Mr. A.M. Kadukar, AGP for Respondents/ State Mr. Gabhane, Advocate h/f for Mr. O.A. Ghare, Adv. for Respondent Nos.4 to 7 CORAM: AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.

DATED : 5th APRIL, 2024 Heard Mr. Kadu, learned counsel for the petitioner. Mr. Khan, learned counsel for respondent No.1, Mr. Gabhane, learned counsel for respondent Nos.4 to 7 and learned AGP.

2.

It is not in dispute that the question of apportionment is now the subject matter of LAR No. 104/2020, pending before the learned Civil Judge (Sr. Dn.), Washim. The balance compensation having been deposited by the respondent no.3 with the learned Civil Court. Since the matter is already sub-judice before the learned Civil Court, it would not be appropriate

2 913-320-2021.odt for this Court to interfere in the present petition, which claims a direction for withdrawal of the said amount, which stands deposited with the learned Civil Court, as any direction in that regard will have to follow the judgment which may be rendered between the parties. The petition is dismissed. No costs.

3.

Needless to say, that the amount deposited with the learned Civil Court shall be invested in a fixed deposit, if it is not already so done.

(SMT. M.S.JAWALKAR,J.) (AVINASH G. GHAROTE,J.) MP Deshpande