Surendra Digambar Kolate v. The Municipal Corporation Of Greater Mumbai Through The General Manager
Shubhada S Kadam 58-ia-1186-2025-withdrawal.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1186 of 2025 in FIRST APPEAL NO. 687 of 2024 Surendra Digamber Kolate .... Applicant In the matter of The Municipal Corporation of Greater Mumbai through The General Manager ... Appellant versus Surendra Digamber Kolate .... Respondent Ms. Swati Sawant i/b. S. K. Legal Associates, Advocates for the Applicant/Claimant.
Mr. T. R. Kale i/b. Mr. T. J. Mendon, Advocate for the AppellantCorporation. CORAM : SHIVKUMAR DIGE, J.
DATE : 31st JANUARY, 2025.
P.C. :
1.
Heard learned counsel for the applicant and learned counsel for appellant-Corporation.
2.
By this application, the applicant is seeking withdrawal of the amount. Learned counsel for the applicant submits that due to accidental injuries, the applicant has suffered 42% permanent physical disability. He has no source of income, he needs the amount for his daily expenses. Digitally signed by SHUBHADA SHANKAR KADAM Date:
2025.02.04 18:03:39 +0530 SHUBHADA SHANKAR KADAM Hence, requested to allow the application.
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Shubhada S Kadam 58-ia-1186-2025-withdrawal.doc 3.
Learned counsel for appellant - Corporation strongly objected to allow the application on the ground that the accident occurred due to sole negligence of the applicant. Hence, requested to reject the application.
4.
I have heard both learned counsel. Due to accidental injuries, the applicant has suffered 42% permanent physical disability. He has no source of income, he needs the amount for his daily expenses and medical expenses. The grounds raised by the appellant-Corporation can be considered at the time of final hearing of the appeal. Hence, I pass the following order :
O R D E R
1.
The application is allowed.
2.
The applicant is permitted to withdraw 30% amount along with accrued interest thereon, out of the deposited amount, on furnishing usual undertaking.
The application is disposed of.
(SHIVKUMAR DIGE, J.) 2/2