Bombay High Court

SUSHILA DEVI MANOJ KUMAR PANDEYversusMAHARASHTRA STATE REGIONAL TRANSPORT CORPORATION THROUGH DIVISIONAL CONTROLLER OFFICE

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The Court partially allowed the withdrawal, permitting 50% of the amount with interest upon an undertaking, and disposed of the stay application.

Summary

Sushila Devi filed a civil application seeking withdrawal of a compensation amount awarded against Maharashtra State Regional Transport Corporation. The respondent opposed, claiming no liability to pay. The Court, after considering the facts, allowed the application partially, permitting the applicant to withdraw fifty percent of the amount with accrued interest, subject to furnishing a standard undertaking to the Registrar. In a separate application for a stay of the impugned judgment and award, the applicant argued that the full award amount had been deposited; the Court disposed of the stay application without granting a stay. The Court also issued notice in the first appeal, to be returned on 24 August 2026.

Issues considered

Whether the respondent is liable to pay the compensation awarded.
Whether the applicant is entitled to withdraw the entire or part of the awarded amount.
Whether a stay of the impugned judgment and award should be granted pending the first appeal.

Subjects

compensation
withdrawal of amount
stay of judgment
civil application
partial relief
interest
undertaking
transport corporation

Judgment

2026:BHC-AUG:31308


                                                                                ca4945.26
                                                       -1-


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               88 CIVIL APPLICATION NO. 4945 OF 2026
                                                WITH
                               CIVIL APPLICATION NO. 10185 OF 2025
                                         IN/WITH FA/2495/2025

                                 Sushila Devi Manoj Kumar Pandey
                                               VERSUS
                     Maharashtra State Regional Transport Corporation Through
                                      Divisional Controller Office
                                                   ...
                 Advocate for Applicant : Ms. Vijayalaxmi Pathrikar h/f Mr. R.V. Gore
                 Advocate for Respondent No.1 : Mr. D.S. Bagul
                                                   …..

                                       CORAM : SANJAY A. DESHMUKH, J.
                                       DATED : 27th JULY, 2026

                 PER COURT :-


                 1.        The civil application No. 4945 OF 2026 is filed seeking

                 withdrawal of the amount. Perused the application. Heard learned

                 advocates for both the sides. Learned advocate for the respondent

                 strongly opposed the application and submitted that the respondent is

                 not liable to pay the compensation.



                 2.        Considering the peculiar facts of this case, the application

                 deserves to be allowed partly. The application is thus partly allowed.

                 The applicant is permitted to withdraw 50% amount with accrued

                 interest thereon, on furnishing usual undertaking to the satisfaction of

                 Registrar (Judicial) of this Court.
                                                               ca4945.26
                                   -2-



3.        The civil application No. 10185 of 2025 is filed for grant of

stay to the impugned judgment and award. Learned advocate for the

applicant submits that the entire amount under award has been

deposited. In view of the same, during pendency of the first appeal,

there shall be stay to the impugned judgment and award passed by

the Tribunal. The civil application for stay is disposed of.



4.        In first appeal, issue notice to the respondents, returnable

on 24.08.2026.



                                    (SANJAY A. DESHMUKH, J.)

rlj/

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