Naseem Shakil Ahamed Khan And ORS. v. Maharashtra State Road Transport Corporation Thr. General Manager, Mumbai

13-CAF-255-2021+IA-12623-2024-IN-RC-1374-2011.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by SATISH RAMCHANDRA SANGAR Date:

2024.09.11 19:00:49 +0530 CIVIL APPLICATION NO.255 OF 2021 SATISH RAMCHANDRA SANGAR IN REJECTED CASE NO.1374 OF 2011 Maharashtra State Road Transport Corporation ...Applicant vs.

Mohamad Mushtakhin Khan and Ors.

...Respondents

WITH INTERIM APPLICATION NO.12623 OF 2024 IN REJECTED CASE NO.1374 OF 2011 Naseem Shakil Ahamaed Khan and Ors.

...Applicants In the matter between:- Maharashtra State Road Transport Corporation ...Applicant vs.

Mohamad Mushtakhin Khan and Ors.

...Respondents

***** Ms.Dharini Jain i/b. Ms.P.M.

Bhansali:- Advocate for Appellant - MSRTC.

Mr.T.R.Kale i/b. Ms.Swati Mehta:- Advocate for Respondent Nos.6, 7 and 10.

***** CORAM :

S. M. MODAK, J.

DATE :

10th SEPTEMBER 2024 P. C. :- Satish Sangar 1/2

13-CAF-255-2021+IA-12623-2024-IN-RC-1374-2011.doc 1.

Heard learned Advocate for the Claimants / Respondent Nos.6, 7 and 10 and learned Advocate for the Appellant - MSRTC virtually. 2.

The Appeal is against the Award. It was dismissed due to non removal of Office objections. The Civil Application No.255 of 2021 is filed for restoration and condonation of delay. Stay is granted on 25th July 2024 subject to deposit. The amount is deposited. 3.

Yet, Civil Application is not decided. The Appeal is mainly on quantum. There is a strong opposition for withdrawal on behalf of the Appellant - MSRTC.

4.

For the reasons stated in the Application, the Respondent Nos.6, 7 and 10 as per the Award of the Tribunal are permitted to withdraw 50% of the deposited amount along with interest. 5.

An apportionment be made as per the Award.

6.

In view of that, Interim Application is disposed of. [S. M. MODAK, J.] Satish Sangar 2/2