Bombay High Court
Sunil Kondaji Gulve And Anr vs The Maharashtra State Road ... on 23 February, 2021
Bench: P. K. Chavan
Chitra Sonawane 20-IA-373-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.373 OF 2021
IN
FIRST APPEAL [STAMP] NO.1888 OF 2020
1.Sunil Kondaji Gulve
2.Adinath Sunil Gulve ]...Applicants.
Vs.
Divisional Manager, M.S.R.T.C. ]...Respondent.
IN THE MATTER BETWEEN:
Divisional Manager, M.S.R.T.C. ]..Appellant.
Vs.
Sunil Kondaji Gulve & Anr. ]...Respondents.
...
Mr.Pritesh K. Bohade for applicants.
Miss Ayodhya Patki, for respondent/original appellant i/b Mr. Nitesh
Bhutekar.
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 23RD FEBRUARY, 2021.
P.C. :
1. This is an application for withdrawal of an amount of
compensation awarded by M.A.C.T., Nashik in M.A.C.P. No.1069 of
2014.
2. Heard Miss Ayodhya Patki, the learned Counsel holding for
Mr.Bhutekar on behalf of the appellant.
3. Mr.Pritesh Bohade, learned Counsel appearing for the applicants
Chitra Sonawane 20-IA-373-2021.doc
contends that ever since the award has been passed, not a single rupee
has been received by the applicants. This Court, by an order dated 11 th
February 2020 (Coram: R.D. Dhanuka,J.) while staying execution and
implementation of the judgment and award impugned, directed the
appellant to deposit the entire amount of compensation inter-alia
permitting the applicants to withdraw 25% of the amount. However, it
appears that the applicants have not withdrawn 25% of the amount. Be
that as it may.
4. The applicants are husband and son of the deceased. It appears
from record that, the applicant no.1 is an Agriculturist.
5. Ms.Ayodhya Patki, the learned Counsel holding for Advocate
Bhutekar, objects withdrawal of entire amount of compensation by
drawing my attention to the fact that despite an order permitting
withdrawal of 25%, the applicants have not withdrawn the same which,
demonstrates that the applicants did not require that amount.
6. Learned Counsel for the appellant further submits that the
offending bus is wrongly shown as involved in the motor accident and
secondly, the owner of the jeep, to which there has been dash, has not
been added as party.
7. Having considered the submission, at this stage, 25% of the
amount of compensation is permitted to be withdrawn by the applicants.
8. At the time of withdrawal, applicant no.1 shall give an
Chitra Sonawane 20-IA-373-2021.doc
Undertaking that in case the appellant succeeds, he will refund the
amount with interest subject to the outcome of the appeal.
9. After withdrawal of the amount, the balance amount shall be
invested in a Fixed Deposit in any Nationalized Bank for the period of
one year and thereafter for one more year after obtaining order from
this Court.
10. Application stands disposed of.
(PRITHVIRAJ K.CHAVAN,J.)
