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Bombay High CourtCA/3204/2026admittedallowedgrantedrule absolute

Latabai Janardhan Ghuge v. Divisional Manager Maharashtra State Road Transport Corporation Ltd Mumbai

2026-04-07Hon'Ble Shri Justice Sanjay A. Deshmukh3 pages

This order has been corrected pursuant to speaking to minutes order dated 24.04.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 CIVIL APPLICATION NO. 3204 OF 2026 IN FAST/33996/2025 LATABAI JANARDHAN GHUGE

VERSUS

DIVISIONAL MANAGER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION LTD MUMBAI ...

Mr. R. L. Kute, Advocate for the Applicant Mr. D. S. Bagul, Advocate for Respondent No.1 -- WITH CIVIL APPLICATION NO. 12555 OF 2025 IN FAST/33996/2025 DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, AHMEDNAGAR.

VERSUS

LATABAI JANARDAN GHUGE AND ORS.

...

Mr. D. S. Bagul, Advocate for Applicant WITH CIVIL APPLICATION NO. 12556 OF 2025 IN FAST/33996/2025 MAHARASHTRA STATE ROAD TRANSPORT AHMEDNAGAR.

VERSUS

LATABAI JANARDAN GHUGE AND ORS.

...

Mr. D. S. Bagul, Advocate for the Applicant CORAM : SANJAY A. DESHMUKH, J.

DATED : 7th APRIL, 2026

P. C. :- ORDER BELOW CIVIL APPLICATION NO. 3204 OF 2026 1.

This is an application seeking withdrawal of the amount. Perused the application. Heard learned advocates for both the sides. Learned advocate for respondent No.1 strongly opposed the application. 2.

Considering the peculiar facts of this case, the application deserves to be allowed partly. The application is thus partly allowed. 3.

The applicant is permitted to withdraw 50% of the amount with accrued interest thereon upon furnishing the usual undertaking. The applicant is further permitted to withdraw an additional 25% of the amount upon furnishing surety/security to the satisfaction of the Member, MACT, Sangamner.

4.

The Member, MACT, Sangamner shall not insist upon valuation of the surety property through the Revenue Authorities. The said amount shall be transferred to the learned Tribunal at Sangamner, Dist., Ahilyanagar. ORDER BELOW CIVIL APPLICATION NO. 12555 OF 2025 5.

The Civil Application No. 12555 of 2025 is filed for condonation of delay of 147 days caused in filing the first appeal.

6.

Perused the application and heard learned advocates for both sides. Learned advocate for respondent No. 1 strongly opposed the application. Considering the reasons stated in the application, it appears that the delay caused is not deliberate. Therefore, the application is allowed. The delay caused in filing the appeal is condoned in the interest of justice. ORDER BELOW CIVIL APPLICATION NO. 12556 OF 2025 7.

In so far as Civil Application No. 12556 of 2025 is concerned, the same is filed seeking stay to the impugned judgment and award passed by the Tribunal.

8.

Perused the application. Heard learned advocates for both sides. Considering the peculiar facts of the case, stay is granted subject to deposit of entire amount of compensation within eight weeks from today. If the amount is not deposited within the aforesaid period, the stay shall stand vacated automatically with further reference to the court. In those terms, civil application for stay is disposed of.

9.

In first appeal, issue notice to the Respondents, returnable on 17th June, 2026.

10.

Call R and P.

(SANJAY A. DESHMUKH, J.) ssp