Bombay High Court
CHAMPALAL CHANDMAL SAMDADIYAversusDIVISIONAL CONTROLLER MSRTC DHULE
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court condoned the delay and allowed the petitioners to withdraw 50% of the deposited compensation with interest, while directing the balance to remain in a fixed deposit until the appeal is finally decided.
Summary
The petitioners, Champalal Chandmal Samdadiya and others, filed civil applications seeking condonation of delay and withdrawal of compensation awarded by a tribunal and deposited by the appellant, the Divisional Controller of MSRTC Dhule. The court allowed the condonation of delay and, after considering the tribunal’s endorsement of the petitioners’ entitlement, permitted them to withdraw 50% of the deposited amount along with accrued interest. The remaining balance was ordered to be kept in a fixed deposit with a nationalized bank for an initial period of three years, renewable until further orders. The withdrawal is subject to the final outcome of the pending appeal. The first appeals were admitted, and notice was taken on behalf of the respondents.
Issues considered
- Whether the court should condone the delay in filing the civil applications.
- Whether the petitioners are entitled to withdraw part of the compensation amount deposited by the appellant pending the final decision of the appeal.
- Whether the balance amount should be kept in a fixed deposit pending the final outcome.
Subjects
- condonation of delay
- withdrawal of compensation
- fixed deposit
- tribunal award
- civil application
- appeal
- interest
- High Court
Judgment
2026:BHC-AUG:38011
17 CA6119.2026+
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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.
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+
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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
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