Maharashtra State Road Traffic Corporation / Msrtc T/H Depot Manager, Dhule v. Chinu @ Chilu Dnyaneshwar Chavan (Minor) T/H His Legal Guardian Mother Manishabai And Another

2026:BHC-AUG:11450 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2892 OF 2026 IN FAST/31749/2025 Chinu Chilu Dnyaneshwar Chavan Minor Through His Legal Guardian Mother

VERSUS

R N Patil and Anr ...

Mr. M. M. Bhokarikar, Advocate for Applicant Mr. A. D. Wange, Advocate for Respondent no.2 ...

WITH CIVIL APPLICATION NO. 13956 OF 2025 IN FAST/31749/2025

CORAM

: SANJAY A. DESHMUKH, J.

DATED : 16TH MARCH, 2026 PER COURT :- CIVIL APPLICATION NO. 2892 OF 2026 1.

This is an application for permission to withdraw the amount deposited in this Court.

Perused the application. Heard learned Advocates for both the sides.

3.

Learned Advocate for the respondent strongly opposed the application and submitted that huge amount of compensation is awarded. He therefore prayed to reject the same. 4.

Upon perusal of the application and impugned judgment and award, this Court is of the view that it would be proper to allow this application partly. Hence, the following order:

-2ORDER a.

Civil Application is partly allowed.

b.

Applicant is permitted to withdraw 50% amount upon furnishing usual undertaking and 25% on furnishing surety security out of the award amount deposited in this Court alongwith interest accrued thereon to the satisfaction of the learned Registrar (Judicial) of this Court c.

Registry is directed not to insist upon a valuation report as to the value of the property from the Government Authority and may rely upon the 7/12 extract or P.R. card or assessment report of the village panchayat alongwith the affidavit of the surety. d.

Civil Application is disposed of.

CIVIL APPLICATION NO. 13956 OF 2025 .

This is an application for condonation of delay of 217 days caused for filing the First Appeal.

Perused the application. Heard learned Advocates for both the sides.

3.

Learned Advocate for the applicant submitted that due to administrative exigencies, the delay has been occurred. 4.

Learned Advocate for the respondent strongly opposed the application and submitted that there is no reason to condone the delay.

-35.

Considering the reasons stated in the application, it appears that the delay is not deliberately caused and deserves to be condoned in the interest of justice. Hence, the following order:

ORDER

a.

Civil Application is allowed.

b.

Delay of 217 days caused for filing the First Appeal is condoned.

c.

Civil Application is disposed of.

FIRST APPEAL ST. NO.31749 OF 2025 .

Issue notice to the respondents, returnable on 18.06.2026. Learned Advocate Mr. M. M. Bhokarikar waives service of notice for respondent no.1.

Call Record and Proceedings.

(SANJAY A. DESHMUKH, J.) Rushikesh/2026