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2025 DAILYLAW 35405 (BOM)

RAJBI NADAF AND ANR v. KARNATAKA STATE ROAD TRANSPORT CORPORATION AND ANR

MCA/96/2025 · 2025-08-13

Shri Valmiki Menezes

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

45-MCA-96-2025.DOC Suchitra IN THE HIGH COURT OF BOMBAY AT GOA CIVIL MISC. APPLICATION NO.96/2025 IN FIRST APPEAL NO.71/2024 RAJBI NADAF AND ANR. … APPLICANTS Versus KARNATAKA STATE ROAD TRANSPORT CORPORATION AND ANR. … RESPONDENTS Mr Jeevan Bandekar, Advocate for the Applicants. Mr Prashant Agrawal, Advocate for the Respondents. CORAM: VALMIKI MENEZES, J. DATED: 13th AUGUST 2025 P.C. : 1. his is an application for release of 50% of the deposited compensation paid by the MACT, North Goa under an award under challenge to the applicants. he applicants are the mother and brother of the deceased to whom an award including interest, is deposited in this Court amounting to Rs.49,52,758/- has been awarded and now deposited by the appellant. 2. he main reason cited by the applicants for seeking withdrawal of this amount is the outstanding loans which the deceased had contracted for business purpose. he outstanding loans amount to Rs.18,90,000/-. he details of each loan and 13th August 2025 45-MCA-96-2025.DOC bank accounts of the persons who had advanced these monies to the deceased are stated in paragraph 3 of the aidavit and veriication dated 02.05.2025. he application has been opposed by the original appellants mainly on the ground that the loan speciied in the application are all unsecured loans and no loans taken from a Public Sector Undertaking. 3. Heard learned counsel for the parties. he fact remains that the amount deposited with interest accrued thereof is almost three times the amount sought to be withdrawn. he applicant no.1 claims that she is a sweeper in Police Department and does not have enough money to clear these loans. Learned advocate for the applicants submits that the applicants are ready and willing to produce receipts from each of the persons named in paragraph 3 of the application and the amounts to be released to the applicants may be directly credited to the account of the eight persons listed in paragraph 3 of the application. 4. he facts stated in the application appeal to be genuine and would justify the release of the amounts directly into the accounts of the aforementioned persons. Consequently, the application is allowed to the extent that an amount of Rs.18,90,000/- would be released to the applicants in the following manner. Instead of paying the applicants the said amount for the applicants to clear the said loans, the Registry of the MACT, North Goa shall remit, from out of the amount of Rs.49,52,758/- deposited by the appellants, to each of the persons/accounts whose details are mentioned in paragraph 3 of the aidavit in clariication dated 02.05.2025. For easy reference, the details containing the names 13th August 2025 45-MCA-96-2025.DOC of the persons, account details and the amount to be remitted are speciied below:- 1) Name: Ashish Anand Raikar. Loan Amount: - Rs.1,00,000/- [Rupees One Lakh Only] Account No.: - 520101024609923 Bank Name: - Union Bank, Porvorim branch. IFSC Code: - UBIN0920487 2) Name: Bhupali Karekar Loan Amount: - Rs.50,000/- [Rupees Fifty housand Only] Account No.: - 294100100001665 Bank Name: - UNITY Small Finance Bank, Porvorim branch. IFSC Code: - UNBA0000294 3) Name: Varsha Verenker Loan Amount:- Rs.60,000/- [Rupees Sixty housand Only] Account No.:- 50100204575012 Bank Name:- HDFC Bank, Ponda branch. IFSC Code:- HDFC0000169. 4) Name: Krishnakant Bhiku Mhaloji. Loan Amount: Rs.40,000/- [Rupees Forty housand Only] Account No.: 101010100007162 Bank Name: - Bank of India, Saligao branch. IFSC Code: - BKID0001010 5) Name: Mohammed Asif Saifuddin Atni. Loan Amount: - Rs.70,000/- [Rupees Seventy housand Only] 13th August 2025 45-MCA-96-2025.DOC Account No.: 176113100000023 Bank Name: - TJSB SAHAKARI BANK LTD, Porvorim branch. IFSC Code: TJSB0000176 6) Name: - Mubarak Abdul Sakur. Loan Amount: Rs. 70,000/- [Rupees Seventy housand Only] Account No.: - 72122210002369 Bank Name: - Syndicate Bank, Merces branch. IFSC Code: - SYNB0007212 7) Name: Hasina Shaikh Loan Amount: Rs. 10,00,000/- [Rupees Ten Lakh Only] Account No.: - 4765101001810 Bank Name: - CANARA BANK, Aquem Baixo Goa branch IFSC Code: CNRB0004765 8) Name: - Pradeep P. Shirodkar. Loan Amount: Rs.5,00,000/- [Rupees Five Lakh Only] Account No.: - 33115042471 Bank Name: - State Bank of India, Cundaim branch. IFSC Code: SBIN0005552 5. Each of the applicant shall ile in the Registry of this Court an undertaking in usual form to the efect that they would refund the amounts released and would be personally liable to such refund. his undertaking to be given within two weeks from today. After such undertaking is given, the copies of the undertakings along with the authenticated copy of this order shall 13th August 2025 45-MCA-96-2025.DOC be placed before the Registry of the MACT, North Goa for necessary action in terms of the order. he amounts which are remitted to the accounts, the details of which are stated above by 10.10.2025. 6. he application stands disposed of in the above terms. VALMIKI MENEZES, J. 13th August 2025 Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 14/08/2025 12:01:18