Bombay High CourtCAF/1215/2020ca disposed off

Maha. State Road Transport Corp. Thr. Divisional Controller, Buldhana Division Office, Buldhana v. Smt. Shital Vijay Khare And Others

2021-07-14Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

29 caf1215.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.1215 OF 2020 IN FIRST APPEAL STAMP NO. 8427 OF 2020 M.S.R.T.C. Vs. Smt. Shital Vijay Khare and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.P. Panpalia, Advocate for applicant/appellant. Shri B.K. Suchak, Advocate for respondent nos.1 and 2. CORAM : PUSHPA V. GANEDIWALA, J.

DATE : 14 th JULY, 2021.

This is an application for condonation of delay in filing the appeal (2) Heard.

(3) For the reasons mentioned in the application, the application is allowed. Delay of 11 days in filing the appeal is condoned.

(4) Appeal be registered. The application stands disposed of.

FIRST APPEAL NO. OF 2021 (5) Heard.

(6) Issue notice to the respondents.

(7) Shri B.K. Suchak, learned counsel waives service of notice on behalf of respondent nos.1 and 2. (8) Perused the Pursis dated 22.02.2021.

Respondent nos.3 and 4 are reported to be dead and their death certificates are filed on record and their legal

29 caf1215.20.odt representatives are already on record. Hence, the names of respondent nos. 3 and 4 are permitted to be deleted from the cause title.

(9) Appellant to carry out the amendment within one week.

(10) Stay order to continue, until further orders. (11) Stand over to four weeks.

CIVIL APPLICATION (F) NO.

OF (12) This is an application for withdrawal of amount deposited by the appellant.

(13) Perused the application and the operative part of the impugned judgment. Learned Tribunal has directed to deposit the share of respondent no.2 (minor) in fixed deposit in any Nationalized Bank, till he attains the age of majority.

(14) Pending adjudication of the appeal, the respondent no.1 is permitted to withdraw 25% of total compensation amount with proportionate accrued interest thereon by furnishing usual undertaking.

(15) The application stands disposed of.

JUDGE Wagh