Maharashtra State Road Transport Corporation, Mumbai v. Smt. Jyoti Dilip Helekar
HEMANT CHANDERSEN SHIV HEMANT CHANDERSEN SHIV Date: 2025.04.02 10:06:09 +0300
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14495 OF 2024 WITH INTERIM APPLICATION NO.14496 OF 2024 IN FIRST APPEAL STAMP NO.28410 OF 2024 Maharashtra State Road Transport Corporation ...Applicant/Appellant vs.
Jyoti Dilip Helekar
...Respondent
WITH INTERIM APPLICATION NO.6492 OF 2025 IN FIRST APPEAL STAMP NO.28410 OF 2024 WITH FIRST APPEAL STAMP NO.28410 OF 2024 Jyoti Dilip Helekar ...Applicant Maharashtra State Road Transport Corporation ...Appellant vs.
Jyoti Dilip Helekar
...Respondent
Mr. Abhijeet B. Phulsundar i/b Mr. D. D. Rananaware for the Applicant/ Appellant in IA Nos.14495/2024, 14496/2024 and Appellant in FAST No.28410/2024.
Mr. Bharat Gadhavi with Aniket Shitole for the Respondent in IANos. 14495/2024, 14496/2024 and Respondent in FAST No.28410/2024 and Applicant/Respondent in IA No.6492/2025.
CORAM : SHYAM C. CHANDAK, J.
DATED : 27th MARCH 2025 P. C. :
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INTERIM APPLICATION NO.14495 OF 2024 .
Present Application seeks condonation of 101 days delay in filing the aforesaid Appeal.
2) Heard learned Advocates for the parties. Perused the Application.
3) Considering the grounds stated in the Application, the delay of 101 days is condoned. Appeal be registered.
4) Application is disposed of accordingly.
INTERIM APPLICATION NO.14496 OF 2024 .
Heard.
2) Learned Advocate for the Applicant stated that the Applicant has deposited entire compensation amount along with accrued interest, in the Tribunal.
3) In view thereof, the interim stay granted vide order dated 4th December 2024, shall be operative till the disposal of the Appeal. 4) Application stands disposed of.
INTERIM APPLICATION NO.6492 OF 2025 .
Learned Advocate for the Applicant at the outset, seeks leave to correct the pleadings in the Application. Leave granted. Amendment to be carried out forthwith.
2) Heard learned Advocates for the parties.
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3) Present Application filed by the Applicant-claimant seeking permission to withdraw the compensation amount along with accrued interest.
4) Learned Advocate for the Appellant opposed the Application. 5) The Applicant-claimant is the widow. She needs the money for day-to-day and medical expenses etc.
6) In view thereof and considering the reasons stated in the Application, the Applicant is permitted to withdraw 50% of the compensation amount along with proportionate interest subject to furnishing an undertaking that in case the Appellant succeeds in this Appeal, the Applicant would refund the said amount along with interest as would be directed by this Court. The Tribunal shall invest remaining amount with Nationalised bank giving highest interest from time to time. 7) Application is disposed of accordingly.
FIRST APPEAL STAMP NO.28410 OF 2024 .
Issue notice to the Respondent, returnable on 22nd April 2025. 2) Mr.Gadhavi, learned Advocate waives service on behalf of the Respondent. In addition to the Court's notice the Appellant to serve the Respondent by private notice and file the affidavit of service on or before the returnable date. Hamdast allowed.
(SHYAM C. CHANDAK, J.) 3/3