Maharashtra State Road Transport Corpn. Thr. Its Divisional Controller, Latur v. Shanteshwar Shivshankar Swami And Another

2026:BHC-AUG:4416 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 1171 OF 2026 IN FAST/16687/2025 Shanteshwar Shivshankar Swami

VERSUS

Maharashtra State Road Transport Corporation Through Its Divisional Controller St Division Latur ...

Advocate for Applicant : Mr. Vikas G. Kodale Advocate for Respondent No.1 : Mr. Manoj D. Shinde WITH CIVIL APPLICATION NO. 6224 OF 2025 IN FAST/16687/2025 WITH CIVIL APPLICATION NO. 6226 OF 2025 IN FAST/16687/2025 .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 30th JANUARY, 2026 PER COURT :- 1.

The civil application No. 1171 of 2026 is filed for withdrawal of the amount deposited in this Court as per the impugned judgment and award. Perused the application. Heard learned advocates for both the sides. Learned advocate for the respondent M.S.R.T.C. strongly opposed the application and submitted that this is a case contributory negligence as well as permanent disability is not established. He therefore, prayed to reject the application.

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On perusal of the impugned judgment and award and the reasons stated in the application, the application deserves to be allowed partly. The application is thus partly allowed. The applicants are permitted to withdraw 50% of the amount with accrued interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court.

3.

The civil application No. 6224 of 2025 is filed for condonation of delay of 81 days caused in filing the first appeal. 4.

Perused the application and heard learned advocates for both sides. Learned advocate for the respondent strongly opposed the application. Considering the reasons stated in the application, it appears that the delay caused is not intentional or deliberate. Therefore, application is allowed. Delay caused in filing the first appeal is condoned in the interest of justice. 5.

The civil application No. 6226 of 2025 is filed seeking stay to the impugned judgment and award passed by the Tribunal. It is submitted that entire amount under award has been deposited by the applicant in this Court. In view of the above, this application is allowed in terms of prayer clause "B" and disposed of.

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In first appeal, issue notice to the respondents, returnable on 13.03.2026. Learned advocate waives notice for respondent No.1. Call for record and proceedings.

(SANJAY A. DESHMUKH, J.) rlj/