Maharashtra State Road Transport Corporation (Msrtc) Through Divisional Controller, Aurangabad v. Govind Kisan Lende Next Friend Permeshwar Kishan Lende And Another

938 CA NO. 2202 OF 2026.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 2202 OF 2026 IN FAST/36482/2025 Govind Kisan Lende

VERSUS

Maharashtra State Road Transport Corporation Ltd Msrtc Through Its Divisional Controller ...

Ms. Vijayalaxmi Pathrikar h/for Mr. R. V. Gore, Advocate for Applicant Mr. S. N. Janakwade, Advocate for Respondent No.1 ...

WITH CIVIL APPLICATION NO. 13615 OF 2025 IN FAST/36482/2025 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 24.02.2026 PER COURT :- CIVIL APPLICATION NO. 2202 OF 2026 IN FAST/36482/2025 This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. Heard.

3.

Learned advocate for respondent No.1 strongly opposed the application.

4.

Perused the application. For the reasons stated

(( 2 )) 938 CA NO. 2202 OF 2026 therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order: ::ORDER::

a.

The application is partly allowed.

b.

The applicant/s is/are 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.

CIVIL APPLICATION NO. 13615 OF 2025 IN FAST/36482/2025 Heard.

This is an application for condonation of delay of 100 days caused in filing the first appeal.

3.

The learned Advocate for respondent No.1 strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

4.

Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the

(( 3 )) 938 CA NO. 2202 OF 2026 delay is neither deliberate nor intentional. Hence the following order:

::ORDER::

a.

Civil Application is allowed.

b.

The delay of 100 days caused in filing the first appeal is condoned.

c.

The application is disposed of.

FIRST APPEAL Issue notice to the respondents, returnable on 16.06.2026.

Learned Advocate Ms. Vijayalaxmi Pathrikar holding for Mr. R. V. Gore, waives service of notice for Respondent No.1. [ SANJAY A. DESHMUKH, J. ] HRJadhav