Bombay High CourtCAW/1616/2017dispossed offdismiss for default

The Divisional Controller,Msrtc, v. Smt.Zaheda Begum Wd/O Ahsanuil Haque And 2 ORS.

2017-08-02Hon'Ble Kum. Justice Indira Jain1 pages

caw.1616.17 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAW] NO.1616 OF 2017 IN WRIT PETITION NO.3540 OF 2008 (The Divisional Controller, M.S.R.T.C., Nagpur vs.

Smt. Zaheda Begam wd/o Ahsanul Haque and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: KUM. INDIRA JAIN, J.

DATE : 2 nd AUGUST, 2017.

Heard Shri A.H. Jamal, learned Counsel for applicants/respondent nos.1 & 2 and Shri P.B. Patil, learned Counsel for petitioner.

Perused order dated 02/02/2008 passed by Second Labour Court, Nagpur. Petitioner has deposited Rs.24,206/- in pursuance to the said order. Respondent nos.1 & 2 are praying for withdrawal of the same. Submission of respondent nos.1 & 2 is that respondent no.3 is missing since 10/02/2009 and his whereabouts are not known. Copy of missing news is placed on record. Application is on afÏdavit. Respondent no.2 has given no objection to disburse the amount in the name of respondent no.1.

In view of above, respondent no.1 is allowed to withdraw the amount deposited by petitioner subject to an undertaking that respondent nos.1 & 2 would pay the share of respondent no.3 in case respondent no.3 claims his share in future.

Civil application stands disposed of in the above terms.

JUDGE *sdw