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Bombay High CourtCA/4251/2025admittedallowedgrantedrule absolute

Dnyaneshwar Ramdas Bade v. The Maharashtra State Road Transport Corporation Thr Its Div. Manager Sarjepura Div. And ORS

2025-04-25Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

(1) 88-ca-4251-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4251 OF 2025 IN FAST/1812/2024 DNYANESHWAR RAMDAS BADE

VERSUS

THE MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR ITS DIV. MANAGER SARJEPURA DIV. AND ORS ...

Mr. Madhav K. Jadhav h/f Mr. Abhijit S. More, Advocate for Applicant.

Mr. Atul Pawar h/f Mr. B. S. Deshmukh, Advocate for Respondent No.1.

Mr. D. R. Markad, Advocate for Respondent Nos.2 to 4 and 6. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 25th APRIL, 2025.

P.C.:- 1.

Heard learned Advocates appearing for respective parties. 2.

The applicant is original claimant. He alongwith others instituted claim for compensation, which has been allowed by Tribunal.

3.

Aggrieved MSRTC filed this Appeal challenging quantum of compensation. The other claimants, who had instituted claim had filed independent applications seeking withdrawal of amount before this Court vide Civil Application No.10195/2024 and Civil Application No.3780/2024, which are allowed vide order dated 11.10.2024 and those claimants are permitted to withdraw 50% amount deposited in this Court to their extent alongwith accrued interest thereon on furnishing usual undertaking and 25% amount is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court.

(2) 88-ca-4251-2025.odt 4.

In result, Civil Application is allowed. The applicant is permitted to withdraw 50% amount of his share alongwith accrued interest thereon on furnishing usual undertaking and further 25% amount of his share on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court. 5.

Balance of the amount be kept in Fixed Deposit in any Nationalized Bank till further orders.

(S. G. CHAPALGAONKAR) JUDGE Devendra/April-2025