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2026 DAILYLAW 17623 (BOM)

BHARTI AJAY YEOLE AND ORS. v. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR. DIVISIONAL MANAGER

IA/6586/2026 · 2026-10-09

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Judgment text

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26-FA-1216-2025 W IA-6586-2026.ODT IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1216 OF 2025 Maharashtra State Road Transport Corporation Through Divisional Manager, Nashik …Appellant Versus Bharti Ajay Yeole And Ors. …Respondents (Org.Claimants) WITH INTERIM APPLICATION NO. 6586 OF 2026 IN FIRST APPEAL NO. 1216 OF 2025 Smt. Bharti Ajay Yeole And Ors. …Applicants Versus Maharashtra State Road Transport Corporation Through Divisional Manager, Nashik …Respondent Adv. Prathamesh Mandlik i/b Adv. Dhananjay Ranaware, for Appellant - MSRTC Adv. Pritesh Bohade, for Applicants in IA No. 6586/2026. CORAM : PRAFULLA S. KHUBALKAR, J. DATE : 9TH OCTOBER 2026 P. C.:- INTERIM APPLICATION NO. 6586 OF 2025 1. This is an application filed by the original claimants seeking withdrawal of the amount deposited by the Maharashtra State Road Transport Corporation (for short, “MSRTC”). 2. Feeling aggrieved by the judgment and order in MACP No. 1112 of 2022 passed by the Motor Accident Claims Tribunal, Nashik, the appellant has filed instant application. 9th October 2026 26-FA-1216-2025 W IA-6586-2026.ODT 3. The appellant MSRTC has deposited the entire decretal amount along with interest. Learned counsel for Original Claimant submits that the applicants are in need of the amount and points out that the respondent nos. 2 and 3 are the daughters of the deceased who are aged about 11 years and 6 years respectively and so also respondent nos. 4 and 5 are the senior citizens and all of them are in need of financial support. He therefore prays for permission to withdraw the entire decretal amount along with interest. 4. The application is opposed by the appellant MSRTC by pointing out that appeal itself is pending and entire amount cannot be permitted to be withdrawn. 5. Having regard to the reasons mentioned in the application and the submissions advanced, at this stage, the applicants/original claimants are permitted to withdraw 50% of the deposited amount along with accrued interest, subject to filing an undertaking before the Tribunal that in case the appeal is decided against them, they will refund the amount. (PRAFULLA S. KHUBALKAR, J.) VDMokal/- 9th October 2026