Disposed

Gaffar Shabbir Ansari and Ors. v. Maharashtra State Road Transport Corporation through Its Divisional Controller, Raigad

Bombay HC20 Jun 2023IA/12657/2023

Case brief

AI extract

What is this about?

The High Court allowed withdrawal of 50% of the deposited decretal amount for applicants dependent on deceased, subject to undertaking for return if appeal succeeds, and disposed the interim application.

What did the court decide?

Allowed withdrawal of 50% deposited amount subject to undertaking for return with interest if appeal succeeds.

Gaffar Shabbir Ansari and Ors. Vs Maharashtra State Road Transport Corporation through Its Divisional Controller, Raigad — Bombay HC (2023) — LawSathi Research

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14-ia-12657-2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.12657 OF 2023
IN
FIRST APPEAL NO.519 OF 2023

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GAFFAR SHABBIR ANSARI AND ORS.)...APPLICANTS

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V/s.

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MAHARASHTRA STATE ROAD TRANSPORT)
CORPORATION )...RESPONDENT

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Ms. Neha Nagotanekar, Advocate for the Applicant/Respondent in FA.
Mr. Aniket Nangare i/b Mr. N.V. Butekar, Advocate for the Appellant in
FA.

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CORAM:ABHAY AHUJA, J.

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DATE:20th JUNE 2023.

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P.C. :

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1.This is an application seeking withdrawal of the decreetal
amount deposited by the Appellant Maharashtra State Road Transport
Corporation. Learned Counsel for the original Claimants would submit
that the deceased was the only earning member of the family and the
son of applicants No.1 and 2. She would submit that applicant No.3
and 4 were minors at the time of death of the deceased. She would

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submit that all the Applicants were fully dependent on the income of
the deceased. The Applicant No.1 is senior citizen and was a laborer,
Applicant No.2 is mother of the deceased and housewife and Applicants

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KSG 1/2

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14-ia-12657-2023.doc

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No.3 and 4 were students. That the income was the father was not
sufficient to maintain expenses of the family and the educational
expenses of the sisters of the deceased and, therefore, request for
withdrawal of amount deposited by the Appellant. Mr. Aniket Nangare,
learned Counsel for the Appellant raises only a formal objection.

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2.Having heard the learned Counsel and having perused the
application as well as impugned order, this Court deems it appropriate
to pass the following order :-

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(i)Let 50% amount deposited in this Court be allowed to be
withdrawn by the Claimants in the proportion amendment
contained in paragraphs No.3 to 9 of the order dated 13th
December, 2019 of Motor Accident Claim Tribunal, Mangaon,
Raigad, subject to an undertaking that in the event of the appeal
is allowed in favour of the Appellant the amount so withdrawn
would be returned along with interest within a period of 4 weeks
from the date of the said order in First Appeal.

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(ii)The Interim Application stands disposed in the above
terms.

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3. List the First Appeal “For Admission” on 14^th July, 2023.

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(ABHAY AHUJA, J.)

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KSG 2/2

Gaffar Shabbir Ansari and Ors. v. Maharashtra State Road Transport Corporation through Its Divisional Controller, Raigad

Case brief

What is this about?

What did the court decide?

Gaffar Shabbir Ansari and Ors. v. Maharashtra State Road Transport Corporation through Its Divisional Controller, Raigad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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