Partly allowed

Shekhar Bhai Thakur v. Maharashtra State Road Transport Corporation

Bombay HC2 Apr 2009CAF/1316/2009

Case brief

AI extract

What is this about?

The High Court allowed the applicant to withdraw Rs. 4,27,266 unconditionally from deposited funds due to medical needs, while directing the balance to be invested in a fixed deposit with quarterly interest available for withdrawal.

What did the court decide?

Allowed withdrawal of Rs. 4,27,266 unconditionally; balance to be invested in fixed deposit with quarterly interest withdrawable.

Shekhar Bhai Thakur Vs Maharashtra State Road… — Civil Procedure and Limitation | Bombay HC (2009)

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srk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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Civil Application No.1316 of 2009

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First Appeal No.191 of 2009

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Shri Shekhar Bhai Thakur Applicant

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Vs.

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Maharshtra State Road Transport Corportion Respondent

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Ms.S.V.Sonawane for applicant.

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Mr.C.M.Lokesh i/b. Mr.G.S.Hegde for respondent.

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CORAM: B.H.MARLAPALLE & RAVI K.DESHPANDE,JJ.

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April 2, 2009.

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P.C.

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We have heard Ms.Sonawane, learned counsel for

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the applicant. This is an application for seeking

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leave to withdraw the amount deposited with the Claims Tribunal by the original appellant - Corporation.

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2.	We	are satisfied that the applica	nt had	spent
about	Rs.2,00,000	/- (Rupees two	l	akhs	only)	on medical
treatment	and	it would be	just	and	proper	that an
amount	of	Rs.4,27,266/- is	allowe	d to	be	withdrawn
unconditio	nally,	whereas the	bala	nce	amount	should be
invested	in	fixed deposit	with	per	mission	to the

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applicant to withdraw the quarterly interest on the fixed deposit.

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Hence the application is partly allowed as under:

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(a) An amount of Rs.4,27,266/- (Rupees four lakhs twenty seven thousand two hundred sixty six only) from the deposited amount of Rs.20,27,266/- be allowed to be withdrawn by the applicant unconditionally.

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(b) The remaining balance of Rs.16,00,000/- (Rupees sixteen lakhs only) shall be invested in fixed deposit with any nationalised Bank initially for a period of

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one year and to be renewed from time to time, if the appeal remains pending thereafter.

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will be allowed to be withdrawn by the applicant.

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(RAVI K. DESHPANDE,J.) (B.H.MARLAPALLE,J.)

Shekhar Bhai Thakur v. Maharashtra State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

Shekhar Bhai Thakur v. Maharashtra State Road Transport Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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