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Bombay High CourtCA/2865/2026admittedallowedgrantedrule absolute

Daivashala Wd /O Dileeprao Ghadge v. Divisional Manager

2026-03-12Hon'Ble Shri Justice Kishore C. Sant , Hon'Ble Shri Justice Sushil M. Ghodeswar2 pages

( 1 ) 12-CA-2865-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 12 CIVIL APPLICATION NO. 2865 OF 2026 IN FA/99/2026 Daivashala Wd /o Dileeprao Ghadge

VERSUS

Divisional Manager WITH CIVIL APPLICATION NO. 6456 OF 2024 IN FA/98/2026 WITH FIRST APPEAL NO. 99 OF 2026 WITH CIVIL APPLICATION NO. 582 OF 2026 IN FA/99/2026 WITH FIRST APPEAL NO. 98 OF 2026 ...

Mr. Shrimant Mundhe, Advocate for Applicant.

Mr. Anand D. Wange, Advocate for Respondent No.1 MSRTC. Mr. Amay V. Chate, Advocate for Respondent No.3 and 4. Mr. R. R. Imale, Advocate for Respondent NO.5. CORAM : KISHORE C. SANT & SUSHIL M. GHODESWAR, JJ.

DATE : 12th MARCH 2026.

PC :- 1.

This application is filed by original claimant, respondent in the first appeal seeking withdrawal of the amount deposited by the

( 2 ) 12-CA-2865-2026 respondent No.1 in the office of this Court in the first appeal. 2.

Learned Advocate for the applicant relies upon the order passed by this Court dated 20.09.2024 in CA/10212/2024 in FAST/14144/2024. Considering that in the companion appeal 75% of the amount has already been permitted to be withdrawn, this Court finds that there is no difficulty in allowing the present application on the same condition. Application is therefore allowed.

3.

The applicant is permitted to withdraw 75% of the amount deposited by the respondent No.1 in the office of this Court alongwith accrued interest on furnishing usual undertaking. 4.

With this, civil application stands disposed off. [SUSHIL M. GHODESWAR, J.] [KISHORE C. SANT, J.] D.A.ETHAPE