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2026 DAILYLAW 3503 (BOM)

DIVISIONAL CONTROLLER, THE MAHARASHTRA STATE ROAD TRANSPORT LTD. , DHULE v. CHAMPALAL CHANDMAL SAMDADIYA AND ORS.

CA/835/2026 · 2026-08-21

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17 CA6119.2026+ -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6119 OF 2026 IN FAST/1064/2026 CHAMPALAL CHANDMAL SAMDADIYA AND OTHERS VERSUS DIVISIONAL CONTROLLER MSRTC DHULE AND ANOTHER ... Advocate for Applicants : Mr. Mukul Shriram Kulkarni Advocate for Respondent No.1 : Mr. Bhausaheb S. Deshmukh ... WITH CIVIL APPLICATION NO. 6104 OF 2026 IN FAST/1061/2026 CHAMPALAL CHANDMAL SAMDADIYAAND OTHERS VERSUS DIVISIONAL CONTROLLER MSRTC DHULE AND ANOTHER … Advocate for Applicants : Mr. Mukul Shriram Kulkarni Advocate for Respondent No.1 : Mr. Bhausaheb S. Deshmukh WITH FIRST APPEAL NO. 1938 OF 2026 DIVISIONAL CONTROLLER THE MAHARASHTRA STATE ROAD TRANSPORT LTD VERSUS CHAMPALAL CHANDMAL SAMDADIYA AND ORS. … Advocate for Appellant : Mr. Bhausaheb Sadashivrao Deshmukh Advocate for Respondents No.1 to 5 : Mr. Mitkari Umesh Gangadhar WITH CIVIL APPLICATION NO. 837 OF 2026 WITH FAST/1064/2026 DIVISIONAL CONTROLLER, THE MAHARASHTRA STATE ROAD TRANSPORT LTD. , DHULE VERSUS CHAMPALAL CHANDMAL SAMDADIYA AND ORS. 2026:BHC-AUG:38012 17 CA6119.2026+ -2- … Advocate for Applicant : Mr. Bhausaheb Sadashivrao Deshmukh Advocate for Respondents No.1 to 5 : Mr. Mukul S. Kulkarni WITH CIVIL APPLICATION NO. 835 OF 2026 WITH FAST/1061/2026 DIVISIONAL CONTROLLER, THE MAHARASHTRA STATE ROAD TRANSPORT LTD. , DHULE VERSUS CHAMPALAL CHANDMAL SAMDADIYA AND ORS. … Advocate for Applicant : Mr. Bhausaheb Sadashivrao Deshmukh Advocate for Respondents No.1 to 5 : Mr. Mukul S. Kulkarni WITH CIVIL APPLICATION NO. 838 OF 2026 IN FAST/1064/2026 DIVISIONAL CONTROLLER, THE MAHARASHTRA STATE ROAD TRANSPORT LTD. , DHULE VERSUS CHAMPALAL CHANDMAL SAMDADIYA AND ORS. … Advocate for Applicant : Mr. Bhausaheb Sadashivrao Deshmukh Advocate for Respondents No.1 to 5 : Mr. Mukul S. Kulkarni WITH CIVIL APPLICATION NO. 836 OF 2026 IN FAST/1061/2026 DIVISIONAL CONTROLLER, THE MAHARASHTRA STATE ROAD TRANSPORT LTD. , DHULE VERSUS CHAMPALAL CHANDMAL SAMDADIYA AND ORS. … Advocate for Applicant : Mr. Bhausaheb Sadashivrao Deshmukh Advocate for Respondents No.1 to 5 : Mr. Mukul S. Kulkarni … CORAM : SACHIN S. DESHMUKH, J. Date : 21.08.2026 17 CA6119.2026+ -3- PER COURT :- 1. Heard learned counsel for the parties. Civil Applications FOR DELAY 2. For the reasons stated in the respective applications for condonation of delay, the same are allowed in terms of Prayer Cause ‘B’. Civil Applications FOR WITHDRAWAL OF AMOUNT 3. The Appellant has presented the respective appeals, while raising an objection to the compensation awarded by the tribunal, allowing the respective claim petitions of the applicants. Pursuant to the orders of this court, the Appellant has deposited the amount awarded by the tribunal. 4. The applicants have presented these applications seeking withdrawal of the amount of compensation awarded by the tribunal, which is deposited by the Appellant. 5. Considering the facts and circumstances that the entitlement of the applicants is endorsed by the tribunal after considering the rival contentions of the litigating sides and, also, to strike the balance in the competing interest, it will be appropriate to permit the applicants to withdraw the amount. 17 CA6119.2026+ -4- 6. Thus, the applications are partly allowed. The applicants are permitted to withdraw 50% of the deposited amount in this court along with accrued interest thereon. 7. The applicants shall furnish usual undertaking that disbursement would remain subject to final outcome of this appeal. 8. The balance amount shall be kept in Fixed Deposit of a Nationalized Bank initially for the period of three (03) years, which is to be renewed periodically until further orders of this court. FIRST APPEALS 9. Admit. 10. Learned counsel accept notice on behalf of respective Respondents. 11. Call R & P. (SACHIN S. DESHMUKH, J.) marathe