Shantabai Devidas Jadhav And ANR v. Govind Shriram Mantri

2025:BHC-AUG:12724 1 909(iv).CA.4422-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4422 OF 2025 IN FA/1539/2007 SHANTABAI DEVIDAS JADHAV AND ORS

VERSUS

GOVIND SHRIRAM MANTRI ...

Advocate for Applicants : Mr. Sudhir K. Chavan Advocate for Respondent : Mr. A.N. Nagargoje ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 29th APRIL 2025 PER COURT :

.

Heard both sides.

2.

This application is for withdrawal of balance amount with accrued interest.

3.

Applicants are the original Claimants who are challenging judgment and award of Rs.3,86,888/-. The awarded amount was deposited by Respondent-Employer in this Court. The Applicants were permitted to withdraw 50% of the amount on furnishing undertaking. Accordingly the Applicants withdrew amount of Rs.1,93,444/-. They are claiming balance amount with accrued interest.

4.

Learned Counsel Mr. Nagargoje would point out that

2 909(iv).CA.4422-2025.doc already 50% of the amount was permitted to be withdrawn. Earlier such application was rejected vide order dated 02.03.2020 passed in Civil Application No.2713/2020. Appeal is very old and can be decided finally instead of permitting Applicants to withdraw the amount.

5.

Applicant No.1 is aged and Applicant No.2 needs amount. Though they were permitted to withdraw Rs.1,93,444/-, that would not preclude them to withdraw further amount. First Appeal is not likely to be heard finally immediately. The interest of justice would be subserved in permitting the Applicants to withdraw Rs.1,75,000/- on furnishing undertaking.

6.

Civil Application is allowed, granting permission to the Applicants to withdraw Rs.1,75,000/- by furnishing undertaking. SHAILESH P. BRAHME JUDGE NAJEEB..