Bombay High Court

Dwarkabai Sanjay MankarversusSecretary MSRTC Corporation

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The court allowed a partial withdrawal of 75% of the deposited compensation with interest, subject to an undertaking, and ordered the balance to be kept in a fixed deposit for three years.

Summary

The applicants, DWARKABAI SANJAY MANKAR and family, sought to withdraw the compensation amount that had been awarded by a tribunal in their favour and subsequently deposited by the Maharashtra State Road Transport Corporation (MSRTC). MSRTC appealed, objecting to the amount awarded, but had already deposited the sum as per the court's earlier order. The High Court examined the tribunal's endorsement of the applicants' entitlement and the competing interests of the parties. It held that a partial withdrawal of the deposited amount was appropriate to balance these interests. Accordingly, the court permitted the applicants to withdraw 75% of the amount with accrued interest, subject to an undertaking, while the balance was to be kept in a fixed deposit for three years pending the final outcome of the appeal.

Issues considered

Whether the applicants are entitled to withdraw the compensation amount deposited by MSRTC pending the final decision on the appeal.

Subjects

compensation
withdrawal
civil application
high court
MSRTC
deposit
appeal
interest
fixed deposit

Judgment

2026:BHC-AUG:43443



                                                                   30 CA10833.2026
                                              -1-

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                         30 CIVIL APPLICATION NO. 10833 OF 2026
                                           IN
                                      FA/1766/2026

                             1. DWARKABAI SANJAY MANKAR
                                2. NIKHIL SANJAY MANKAR
                                 3. RANI SANJAY MANKAR
                                          VERSUS
                           1. SECRETARY MSRTC CORPORATION
                              2. HIMMATRAO KALUBA GHUGE
                                             ...
              Advocate for Applicants : Ms. Meera Ambadasrao Bhosle
              Advocate for Respondent No.1 : Mr. Anilkumar B Dhongade
                                             ...

                                          CORAM : SACHIN S. DESHMUKH, J.
                                             Date : 22.09.2026

              PER COURT :-

              1.         Heard.


              2.         The Appellant – MSRTC has presented the appeal,

              while raising an objection to the compensation awarded by the

              tribunal, allowing the claim petition of the applicants. Pursuant to

              the order of this court, the MSRTC has deposited the amount

              awarded by the tribunal.


              3.         The   applicants   have    presented   this   application

              seeking withdrawal of the amount of compensation awarded by

              the tribunal, which is deposited by the MSRTC.
                                                     30 CA10833.2026
                                -2-

4.         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 to

strike the balance in the competing interest, it will be appropriate

to permit the applicants to withdraw the amount.


5.         Thus, the application is partly allowed. The applicants

are permitted to withdraw 75% of the deposited amount in this

court along with accrued interest thereon.


6.         The applicants shall furnish usual undertaking that

disbursement would remain subject to final outcome of this

appeal.


7.         The balance amount shall be kept in Fixed Deposit of

any Nationalized Bank initially for the period of three (03) years,

which is to be renewed periodically until further orders of this

court.




                                      (SACHIN S. DESHMUKH, J.)

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