Bombay High Court
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, MUMBAIversusMR. SACHIN MADHUKAR DHORE
- Disposal
- Disposed Off
Holding
The court allowed a partial withdrawal of 50% of the deposited amount with interest, subject to an undertaking, and ordered the balance to be invested in a nationalized bank.
Summary
The applicant, Mr. Sachin Madhukar Dhore, sought withdrawal of Rs.20,02,165 deposited by an insurance company after being awarded disability benefits. He argued that his family faced severe financial hardship and that he had suffered a 50% disability. The insurance company opposed, contending that the tribunal’s quantum was vulnerable and that disbursing the amount would hinder recovery if the appeal succeeded. The court considered the merits and, in the interest of justice, permitted the applicant to receive 50% of the amount with accrued interest, subject to an undertaking, while directing that the balance be invested in a nationalized bank. The interim stay order was confirmed and the application was disposed.
Issues considered
- Whether the applicant is entitled to partial withdrawal of the insurance amount pending appeal
- Whether interest should be payable on the withdrawn amount
- Whether the balance amount should be invested pending final determination
Subjects
- interim relief
- insurance claim
- disability
- partial disbursement
- interest
- stay order
- civil appellate jurisdiction
Judgment
52-IA-1359-2026=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1359 OF 2026
IN
Digitally
signed by
UDAY
FIRST APPEAL NO. 1589 OF 2025
UDAY SHIVAJI
SHIVAJI JAGTAP
JAGTAP Date:
2026.09.11 Mr. Sachin Madhukar Dhore … Applicant
18:43:55
+0530
Vs.
Maharashtra State Road Transport Corporation, … Respondent
Mumbai
WITH
INTERIM APPLICATION NO. 10447 OF 2025 (STAY)
IN
FIRST APPEAL NO. 1589 OF 2025
WITH
FIRST APPEAL NO. 1589 OF 2025
Maharashtra State Road Transport Corporation, … Applicant
Mumbai
Vs.
Mr. Sachin Madhukar Dhore … Respondent
………….
Mr. Amol S. Deshinge i/b Prasad P. Kulkarni for the Applicant
Mr. Dhananjay Rananaware a/w Samarth Chavan, Shubham Dhobale for
the Respondent – MSRTC in IA 1359/2026.
………….
CORAM : SHAILESH P. BRAHME, J.
DATE : 10th SEPTEMBER, 2026.
P. C. :
I. A. NO. 1359 OF 2026
. Heard both sides.
Uday S. Jagtap 1 of 3
52-IA-1359-2026=.doc
2. The applicant seeks withdrawal of the amount of Rs.20,02,165/-
deposited by the insurance company.
3. Learned counsel for the petitioner takes me through the contents of
the application to show the precarious condition of the family. The
financial hardship is the sole reason which compelled him to seek
disbursement of the amount.
4. Learned counsel for the Insurance company would oppose the
submissions. It is submitted that the quantum arrived at by the Tribunal
is vulnerable. The respondent has every hope of success in the appeal.
If the amount is disbursed then it would be difficult to recover the same.
5. It is recorded that applicant suffered 50% of the disability.
6. The rival contentions of the parties can be gone into during the
course of hearing of the appeal. Ends of justice would be met in
permitting the applicant to receive 50% of the amount with interest.
7. The application is allowed partly permitting the applicant to
receive 50% of the amount with accrued interest on furnishing
undertaking to the satisfaction of the jurisdictional Tribunal. The balance
amount shall be invested in the nationalized bank.
Uday S. Jagtap 2 of 3
52-IA-1359-2026=.doc
FIRST APPEAL NO.
8. Admit.
9. Mr. Deshinge, learned counsel waives notice for respondent.
10. Call for record and proceedings.
11. Print is dispensed with.
12. The parties shall be at liberty to file private paper book or
compilation of documents.
I.A. NO. 10447 OF 2025
13. As the amount is deposited, ad-interim relief shall stand confirmed.
14. The application is disposed of.
( SHAILESH P. BRAHME, J. )
Uday S. Jagtap 3 of 3
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