Vimal Digambar Ghodake v. Ananda Bhujang Kendre

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 CIVIL APPLICATION NO. 5019 OF 2026 IN FAST/79/2026 WITH CIVIL APPLICATION NO. 831 OF 2026 IN FAST/79/2026 WITH CIVIL APPLICATION NO. 832 OF 2026 IN FAST/79/2026 WITH CIVIL APPLICATION NO. 3770 OF 2026 IN FAST/79/2026 MAHARASHTRA STATE ROAD TRANSPORT CORPORATION A O DIVISION OFFICE AHMEDNAGAR

VERSUS

VIMAL DIGAMBAR GHODAKE AND OTHERS ...

Mr. A. B. Dhongade, Advocate for Applicant Mr. S. E. Shekade, Advocate for Respondents Nos.1 to 3 Mr. S. E. Shekade, Advocate for Applicant in CA No. 3770/2026 CORAM : SANJAY A. DESHMUKH, J.

DATED : 27th APRIL, 2026 P. C. :- ORDER BELOW CIVIL APPLICATION NO. 5019 OF 2026 1.

The present Civil Application has been filed seeking directions to exchange/transfer the amount as per prayer clause (B) and necessary correction in the order dated 02.04.2026 passed in CA No. 3770/2026 as per prayer clause (C).

2.

Perused the application and heard learned advocates for the both sides.

3.

Considering the peculiar facts of this case, the application deserves to be allowed. The application is allowed in terms of prayer clauses 'B' and 'C'.

ORDER BELOW CIVIL APPLICATION NO. 831 OF 2026 4.

The present Civil Application is filed for condonation of delay of 90 days caused in filing the first appeal.

5.

Perused the application and heard learned advocates for the both sides.

6.

Considering the reasons stated in the application, it appears that the delay caused is not deliberate. Therefore, the application is allowed. The delay in filing the appeal is condoned in the interest of justice. 7.

In FA(ST) No. 79 of 2026, issue notice to the Respondents, returnable on 6th July, 2026. Mr. Shekade, learned Advocate waives service of notice for Respondent Nos.1 to 3.

8.

Call R and P.

ORDER BELOW CIVIL APPLICATION NO. 832 OF 2026 9.

This is an application for seeking granting stay to the execution, operation and implementation of impugned judgment and award. 10.

Perused the application. Heard learned advocates for both sides. Considering the peculiar facts of the case and the grounds stated in the application, stay is granted subject to deposit entire amount of compensation under award along with interest accrued and costs, within 12 weeks from today. With this condition, application is allowed and disposed of accordingly. ORDER BELOW CIVIL APPLICATION NO. 3770 OF 2026 11.

The present Civil Application has been filed seeking permission to withdraw the amount deposited in this Court in terms of the impugned judgment and award.

12.

Perused the application and heard learned advocates for the both sides. Learned Advocate for the respondents strongly opposed the said application.

13.

Considering the peculiar facts of this case, the application deserves to be allowed partly. The application is thus partly allowed. The applicant is permitted to withdraw 75% amount with accrued interest and costs thereon, on furnishing usual undertaking.

14.

The Registry is directed to disburse 75% of the deposited amount to the applicants, along with accrued interest and costs thereon. (SANJAY A. DESHMUKH, J.) ssp