Maharashtra State Road Transport Carporetion Osmanabad v. Khandu Shahuraj Ghadge

2026:BHC-AUG:13727

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

19 CIVIL APPLICATION NO. 1875 OF 2026 IN FA/428/2026 KHANDU SO SHAHURAJ GHADGE

VERSUS

THE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, THROUGH DIVISIONAL CONTROLLER ...

Advocate for Applicant : Mr. Vivekanand V. Ingale. Advocate for Respondent : Mr. Akshay Nehul, h/f Mr. D. S. Bagul. ...

WITH CIVIL APPLICATION NO. 3673 OF 2025 IN FA/428/2026 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

30th March, 2026.

P.C.:

Heard the learned counsel for the parties. Perused the applications.

Application for stay:

This is an application seeking stay to the execution of the impugned judgment and award.

The learned counsel for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.

In view of the above, there shall be stay to the impugned judgment and award till the pendency of the appeal. The application stands disposed of.

Application for withdrawal of amount:

This application is for withdrawal of the amount deposited by the appellant in this Court as per the impugned judgment and award. The learned counsel for the appellant strongly opposes the application.

For the reasons stated in the application and considering the arguments of both the sides, the following order is passed :-

O R D E R

I.

The applicant is permitted to withdraw 50% of the amount out of the amount deposited by the appellant in this Court, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. Further 25% of the amount with accrued interest thereon is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court. II.

The Registry is directed to not to insist for the actual valuation of the property of the surety.

III.

The remaining amount be kept in fixed deposit in any

nationalized bank till disposal of the appeal. IV.

With this, the civil application for withdrawal of amount stands disposed of.

Appeal :

Call for record and proceedings.

List the appeal on 29th June, 2026.

[ SANJAY A. DESHMUKH, J. ] nga