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2025 DAILYLAW 6966 (BOM)

SUSHILABAI SAKHARAM DEORE AND ORS v. DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION DHULE AND ANR

CA/2187/2025 · 2025-02-28

Shri Rohit W Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 922-ca-2187-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2187 OF 2025 IN FAST/1338/2023 Sushilabai Sakharam Deore And Ors VERSUS Divisional Controller, Maharashtra State Road Transport Corporation Dhule And Anr WITH CIVIL APPLICATION NO. 532 OF 2023 IN FAST/1338/2023 WITH CIVIL APPLICATION NO. 533 OF 2023 IN FAST/1338/2023 Mr. M. D. Shinde, Advocate for Applicants Mr. M. S. Kulkarni, Advocate for Respondent No.1 ….. CORAM : ROHIT W. JOSHI, J. Dated : 28TH FEBRUARY, 2025 PER COURT :- CIVIL APPLICATION NO. 533 OF 2023 . Since, entire amount as directed vide earlier order granting ad-interim-stay is deposited by the appellant. The ad-interim-stay granted earlier stands confirmed. The execution of impugned judgment and award shall stand stayed till final disposal of the appeal, subject to right of the respondent/claim petitioners to move for withdrawal of the 2025:BHC-AUG:6192 2 922-ca-2187-2025 amount deposited. CIVIL APPLICATION NO. 2187 OF 2025 . This is an application for withdrawal of amount deposited by the appellant in compliance of order granting stay to execution of impugned judgment and award. 2. I have perused the judgment with the able assistance of the learned Advocates. Deceased was working as a mason. His notional income is taken at Rs.7,000/- per month which is reasonable. The learned Tribunal has made proper deduction towards self-consumption and applied correct multiplier. 3. In that view of the matter, it will be appropriate in the interest of justice to permit the respondent Nos. 1 and 2 i.e. applicant Nos. 1 and 2 in Civil Application to withdraw 75% of the amount deposited by the appellant with this Court alongwith interest on furnishing usual undertaking. 4. Civil Application is disposed of. CIVIL APPLICATION NO. 532 OF 2023 . This is an application seeking condonation of delay in filing First Appeal by the Applicant/MSRTC. 2. The delay is explained and is attributed to office 3 922-ca-2187-2025 formalities and procedures. 3. The delay is properly explained and accordingly condoned. 4. Civil application is disposed of. ( ROHIT W. JOSHI, J ) Rushikesh/2025