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Bombay High CourtIA/11147/2025disposed off

Rushi @ Rushabh Ajit Randive And ORS v. Divisional Controller Msrtc

2025-11-10Hon'Ble Shri Justice Shivkumar Dige2 pages

25-IA-11147-2025 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11147 OF 2025 IN FIRST APPEAL NO. 1622 OF 2025 Rushi @ Rushabh Ajit Randive .... Applicant

IN THE MATTER BETWEEN

Divisional Controller MSRTC .... Appellant

Versus

Digitally signed by SHANTANU SHANKARSA DHUDUM Date:

2025.11.12 11:44:58 +0530 Rushi @ Rushabh Ajit Randive and Ors.

.... Respondent SHANTANU SHANKARSA DHUDUM ----- Mr. Shravan H. Sul i/by Mr. Satish S. Raut, Advocate for the Applicant.

Mr. Dhananjayrao Rananware a/w Mr. Shubham Dhoble, Advocate for Appellant/MSRTC.

----- CORAM : SHIVKUMAR DIGE, J.

DATE : 10th NOVEMBER, 2025.

P.C. :

1.

By this application, the Applicant is seeking withdrawal of the amount.

2.

It is contention of learned counsel for the Applicant that the Applicant has suffered 12% permanent physical disability. He needs the amount for medical treatment and surgery, hence requested to Shantanu S. Dhudum 1/2

25-IA-11147-2025 (C).doc allow the application.

3.

It is contention of learned counsel for the Appellant - Corporation that neither doctor has examined to prove the disability of the Applicant nor any disability certificate is produced on record. The Tribunal has awarded compensation amount on higher side, hence requested to reject the application.

4.

I have heard both learned counsel.

5.

The Applicant has suffered 12% permanent physical disability. The Applicant needs the amount for medical treatment and surgery. The issue raised by the learned Appellant/ Corporation can be considered at the time of final hearing of the appeal, and I pass following order:

ORDER

i. The application is allowed.

ii. The Applicant is permitted to withdraw the 30% amount out of deposited amount along with accrued interest thereon, on furnishing undertaking.

. The Application stands disposed off.

( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 2/2