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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  • Whether interest should be payable on the withdrawn amount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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