Bombay High Court
KRISHNARAO SHANKARRAO PATIL AND ANR.versusUTTAR PRAESH STATE ROAD CORPORATION
- Decided
- Disposal
- Disposed Off
Holding
The court permitted withdrawal of fifty percent of the deposited amount with interest, subject to an undertaking to refund if the appeal is decided against the applicants.
Summary
The Uttar Pradesh State Road Corporation (appellant) deposited the full decretal amount with interest in the Motor Accident Claim Tribunal, Kalyan, following a civil appeal (FA 1260/2025) against Krishnarao Shankarrao Patil and others (respondents). The respondents, who are dependents of a deceased accident victim, filed Interim Application No. 10981/2025 seeking withdrawal of the deposited sum for personal use. The appellant filed Interim Application No. 9417/2025 requesting a stay of the judgment pending the appeal. The Court examined whether the deposited amount could be withdrawn pending the final decision. It allowed the respondents to withdraw fifty percent of the amount with accrued interest, conditioned on an undertaking to refund if the appeal is decided against them. The application was therefore partly allowed and disposed of.
Issues considered
- Whether the amount deposited with the Motor Accident Claim Tribunal can be withdrawn pending the outcome of the appeal
- Whether a stay of the impugned judgment and award is warranted pending the appeal
- Whether the court may permit partial withdrawal of the deposited amount subject to an undertaking
Subjects
- interim application
- deposit of decree amount
- Motor Accident Claim Tribunal
- withdrawal of compensation
- stay of judgment
- civil appeal
- undertaking
- partial relief
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
KANCHAN
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
CIVIL APPELLATE JURISDICTION
2026.09.24
20:19:36
+0530
FIRST APPEAL NO. 1260/2025
ALONGWITH
INTERIM APPLICATION NO. 9417/2025
IN
FIRST APPEAL NO. 1260/2025
UTTAR PRAESH STATE ROAD CORPORATION ….. APPELLANT/
APPLICANT
VS
KRISHNARAO SHANKARRAO PATIL & ANR. ….. RESPONDENTS
ALONGWITH
INTERIM APPLICATION NO. 10981/2025
IN
FIRST APPEAL NO. 1260/2025
KRISHNARAO SHANKARRAO PATIL & ANR. ….. APPLICANTS
IN THE MATTER BETWEEN
UTTAR PRAESH STATE ROAD CORPORATION ….. APPLICANT
VS
KRISHNARAO SHANKARRAO PATIL & ANR. ….. RESPONDENTS
Adv. Jaiprakash Rajbhar for the Appellant in the FA/1260/2025 and
Applicant in IA/9417/2025.
Mr. Yogendra Pendse for the Applicant in IA/10981/2025.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 24TH SEPTEMBER, 2026
P.C. :-
INTERIM APPLICATION NO. 9417/2025
1) Learned counsel for the appellant states that the appellant
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had deposited the entire decretal amount alongwith interest with the
Motor Accident Claim Tribunal, Kalyan.
2) In view of this deposit, there shall be stay to the
impugned judgment and award until further orders.
INTERIM APPLICATION NO. 10981/2025
1) Heard learned counsel for the applicant as well as learned
counsel for the respondent/original appellant.
2) This is an application filed by the original claimants
seeking withdrawal of the amount deposited by the Corporation.
3) Learned counsel for the applicant submits that the son of
the applicants had died in the accident and the amount of
compensation is deposited with respect to the compensation to be
paid to the claimants. He submits that the applicants who are the
dependents of the deceased are in need of the amount for their
personal use.
4) Having regard to the contents of the application and
submissions advanced, at this stage, the applicants are permitted to
withdraw 50% of the amount deposited alongwith accrued interest,
subject to furnishing an undertaking that in case the Appeal is decided
against the applicants, they will refund the amount.
5) The application is partly allowed and disposed of.
[PRAFULLA S. KHUBALKAR, J.]
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