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Bombay High CourtCA/3211/2026admittedallowedgrantedrule absolute

Shah Jaukhariya Ismail v. Maharashtra State Transport Corporation

2026-05-05Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

941 CIVIL APPLICATION NO. 3211 OF 2026 IN FA/895/2026 SHAH JAUKHARIYA ISMAIL AND ANOTHER

VERSUS

MAHARASHTRA STATE TRANSPORT CORPORATION AND ANOTHER ...

Advocate for Applicant : Mr. Shaikh Kayyum Najir Advocate for Respondent : Mr. S. N. Janakwade. ...

WITH FIRST APPEAL NO. 896 OF 2026 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

05th May, 2026.

P.C.:

CIVIL APPLICATION NO. 3211 OF 2026 :

Heard the learned counsel for the parties. Perused the application.

This application is for withdrawal of the amount deposited by the appellant in this Court as per the impugned judgment and award. The learned counsel for the appellant strongly opposes the application.

For the reasons stated in the application and considering the arguments of both the sides, the following order is passed :-

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O R D E R

I.

The applicants 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. The remaining amount be kept in fixed deposit in any nationalized bank till disposal of the appeal.

II.

With this, the civil application for withdrawal of amount stands disposed of.

FIRST APPEAL NO. 896 OF 2026 :

Issue notice to the respondents, returnable on 14th July, 2026. Mr. Janakwade, learned counsel waives notice on behalf of respondent No.1 / MSRTC.

Call for record and proceedings.

[ SANJAY A. DESHMUKH, J. ] nga