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2025 DAILYLAW 4049 (BOM)

TUKARAM RAMA BORASE THR. NEXT FRIEND RAMA BHIKA BORASE v. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR. DIVISIONAL CONTROLLER

IA/747/2026 · 2026-08-28

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Judgment text

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943-FA-1742-2025.odt Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1742 OF 2025 WITH INTERIM APPLICATION NO. 747 OF 2026 Tukaram Rama Borase Thr. Next Friend Rama Bhika Borase ...Applicants IN THE MATTER BETWEEN Divisional Controller, Maharashtra State Road Transport Corporation Thr. Divisional Controller ...Appellant V/S. Tukaram Rama Borase Thr. Next Friend Rama Bhika Borase ...Respondent _____________________________________________________________ Adv. Sneha G. Sanap, for the Appellant. Adv. Rajan S. Pawar, for the Respondent. ________________________________________________________ CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 28TH AUGUST, 2026. P.C. :- 1. This is an application for withdrawal of amount deposited by the Maharashtra State Road Transport Corporation (MSRTC). 2. Heard learned counsel for the applicant / claimants and learned counsel for the MSRTC. 1/2 943-FA-1742-2025.odt 3. Learned counsel for the applicant submits that the appellant MSRTC has deposited the amount of compensation before the Motor Accident Claims Tribunal, Nashik. He submits that the compensation is on account of the injury claim of this applicant. He submits that the applicant is in need of the amount as stated in the application. 4. Although the application is opposed by the respondent MSRTC, considering the reasons mentioned in the application and the submissions advanced, at this stage, the applicant needs to be permitted to withdraw 75% of the amount alongwith accrued interest. Accordingly, the application is partly allowed. The applicant is permitted to withdraw 75% of the deposited amount alongwith accrued interest, subject to furnishing an undertaking before the Tribunal that in case the appeal is decided against him, the appellant shall deposit the amount. 5. Accordingly, the instant application is partly allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) 2/2