The Divisional Controller, Msrtc, Latur. Vs Ujwala Waghambar Waghmare and Ors. — Bombay HC (2025) — LawSathi Research

The Divisional Controller, Msrtc, Latur. Vs Ujwala Waghambar Waghmare and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the First Appeals permitted; deposited amounts released as apportioned by the Tribunal; balance, if any, payable within eight weeks with disbursement as per the Tribunal's order; pending civil applications disposed of; refund of court fees to be processed in accordance with law.

Issue for consideration

Whether the First Appeals filed by MSRTC may be withdrawn on the basis of the withdrawal pursis and authority letter tendered by the Corporation's law officer, and on what terms as regards deposited and balance amounts.

Court's answer

The withdrawal pursis and authority letter tendered by the Corporation's law officer were taken on record and marked as Exhibit 'X'.

Ratio / Principle

The amount deposited by the appellant in this Court or before the Tribunal is permitted to be withdrawn as apportioned by the Tribunal.

Key takeaways

If the entire amount is not deposited, the balance amount shall be paid by the appellant to the respondents within eight weeks from the date of the order.ratio¶87
The First Appeals are disposed of as withdrawn in view of the withdrawal pursis, and pending Civil Application(s), if any, stand disposed of.ratio¶88
An award is to be drawn up accordingly.ratio

Detailed headnote1 paragraphs

Batch of sixteen First Appeals (Nos. 224 of 2007 to 1549 of 2012) filed by the Maharashtra State Road Transport Corporation through its Divisional Controllers (Beed, Ahmednagar, Latur, Jalgaon, Aurangabad, Parbhani, Osmanabad, Jalna and Mumbai) against accident claimants, disposed of as withdrawn by the National Lok Adalat at the High Court Legal Services Sub-Committee, Aurangabad, on 10 May 2025. The Corporation's law officer, Mr. Avinash Satwaji Vishwas, tendered withdrawal pursis along with the authority letter, which were taken on record and marked Exhibit 'X'. Amounts deposited in Court or before the Tribunal were permitted to be withdrawn as apportioned by the Tribunal; any balance was to be paid to the respondents within eight weeks, with disbursement as per the Tribunal's order. Pending civil applications stand disposed of; refund of court fees to be processed in accordance with law; award to be drawn up accordingly.

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE R. M. JOSHI,

HELD ON 10^th MAY, 2025

AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE

AT AURANGABAD

1 FIRST APPEAL NO. 224 OF 2007

MSRTC, BEED THR DIV CONTROLLER VERSUS RADHABAI SHANKARRAO KOKATE MALI AND ORS

Mr. A. B. Dhongade, Advocate for Appellant

2 FIRST APPEAL NO. 1401 OF 2007 WITH CIVIL APPLICATION NO. 332 OF 2019 IN FA/1401/2007

MSRTC, THR DIV CONTROLLER, AHMEDNAGAR. VERSUS JIJABAI SANJAY KOLPE AND ORS

Mr. A. B. Dhongade, Advocate for Appellant Mr. Amol S. Gandhi, Advocate for the respondent/claimant

3 FIRST APPEAL NO. 1115 OF 2008

THE DIVISIONAL CONTROLLER, MSRTC, LATUR.

VERSUS

SUMANBAI HANMANT SALUNKE AND ORS

Adv. R. D. Reddy for Appellant

4 FIRST APPEAL NO. 1129 OF 2008

THE DIVISIONAL CONTROLLER, MSRTC, LATUR. VERSUS

UJWALA WAGHAMBAR WAGHMARE AND ORS

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Adv. R. D. Reddy for Appellant

5 FIRST APPEAL NO. 1717 OF 2008

MSRTC THR DIV CONTROLLER, JALGAON VERSUS SWATI SHEETAL BHANDARKAR AND ORS

Mr. A. B. Dhongade, Advocate for Appellant

6 FIRST APPEAL NO. 1284 OF 2009

M S R T C THROUGH DIVISIONAL CONTROLLER LATUR VERSUS SHALUBAI MOHAN SHINDE AND ORS

Adv. R. D. Reddy for Appellant

8 FIRST APPEAL NO. 2757 OF 2009 WITH

CIVIL APPLICATION NO. 10709 OF 2009 IN FA/2757/2009

DIVISIONAL CONTROLLER MSRTC AURANGABAD VERSUS

SAHEEN FEROZ PATEL AND ORS

Adv. R. D. Reddy for Appellant

9 FIRST APPEAL NO. 2784 OF 2009

WITH

CIVIL APPLICATION NO. 5387 OF 2024 IN FA/2784/2009 WITH

CIVIL APPLICATION NO. 12857 OF 2009 IN FA/2784/2009

DIVISIONAL CONTROLLER, MSRTC, AURANGABAD.

VERSUS

NEETA SACHIN AMBEKAR AND ORS

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Mr. A. B. Dhongade, Advocate for Appellant Mr. Akram Inamdar h/f Mr. S. S. Kazi, Advocate for Applicant

12 FIRST APPEAL NO. 586 OF 2011

MSRTC THR. DIVISIONAL OFFICER, AURANGABAD

VERSUS RANDHAWANI SUKHDEV SHINGARE AND ORS

Mr. A. B. Dhongade, Advocate for Appellant

13 FIRST APPEAL NO. 750 OF 2011

DIVISIONAL CONTROLLER, MSRTC, DIVISION PARBHANI VERSUS

PRASHANT VASANTRAO KSHIRSAGAR

Mr. A. D. Wange, Advocate for Appellant

14 FIRST APPEAL NO. 843 OF 2011 WITH

CIVIL APPLICATION NO. 5759 OF 2011 IN FA/843/2011

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, AURANGABAD VERSUS

RANDHAWANI SUKHDEV SHINGARE AND ANR

Mr. A. B. Dhongade, Advocate for Appellant

15 FIRST APPEAL NO. 844 OF 2011 WITH

CIVIL APPLICATION NO. 5760 OF 2011 IN FA/844/2011

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, AURANGABAD VERSUS

KU. SHRADDHA SUKHDEV SHINGARE, U/G RANDHAWANI SUKHDEV SHINGARE (KALKATE)

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Mr. A. B. Dhongade, Advocate for Appellant

16 FIRST APPEAL NO. 2021 OF 2011 WITH CIVIL APPLICATION NO. 1768 OF 2010 IN FA/2021/2011

MSRTC WAHATUK BHAVAN MUMBAI THROUGHDIVNL CONTROLLER OSMANABAD DIVN OSMANABAD AND ANR

VERSUS

SUREKHA POPAT @ TATYA KARVAR AND ORS

17 FIRST APPEAL NO. 261 OF 2012 WITH

CIVIL APPLICATION NO. 1979 OF 2012 IN FA/261/2012 WITH

CIVIL APPLICATION NO. 2824 OF 2018 IN FA/261/2012

MSRTC THR DIVNL CONTROLLER AHMEDNAGAR VERSUS KISHOR BHAUSAHEB BHOSALE AND ANR

Mr. A. B. Dhongade, Advocate for Appellant

18 FIRST APPEAL NO. 1008 OF 2012

MSRTC, MUMBAI THR.DIVISIONAL CONTROLLER, JALNA VERSUS

LAXMI VASANTA SHELKE AND ORS

19 FIRST APPEAL NO. 1549 OF 2012

MSRTC, THR. DIVISIONAL CONTROLLER, LATUR

VERSUS

DR. UMAKANT MADHAVRAO PATIL

Mr. A. B. Dhongade, Advocate for Appellant

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ORDER

(10^th MAY, 2025)

The law officer of appellant Maharashtra State Road Transport Corporation Mr. Avinash Satwaji Vishwas, tenders on record withdrawal pursis along with the authority letter. He prays for withdrawal of appeal(s) on the basis of authority letter.

The withdrawal pursis and authority letter are taken on record and marked as Exhibit ‘X’.

In view of the withdrawal of the appeal(s), the amount deposited by the appellant in this Court or before the Tribunal is permitted to be withdrawn as apportioned by Tribunal.

If the entire amount is not deposited, then the balance amount shall be paid by the appellant to the respondents within a period of eight weeks from today and disbursement of the same shall be done as per the order passed by the Tribunal.

First Appeal(s) are disposed of as withdrawn in view of withdrawal pursis. Pending Civil Application(s), if any, stand disposed of.

Award be drawn up accordingly.

The request of refund of Court fees shall be processed by the office in accordance with law.

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Appellant(s) are directed to communicate this order to the respondent(s)/claimant(s) or learned counsel for the respondent(s) in writing.

[Avinash R. Borulkar] [S. G. Shete] [R. M. Joshi, J.] Advocate DJ (Retd.) Head of Panel Member Member

ssp

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Parties & counsel

AI extract

appellant
MSRTC, BEED THR DIV CONTROLLER¶6
A. B. Dhongade
respondent
RADHABAI SHANKARRAO KOKATE MALI AND ORS¶6
appellant
MSRTC, THR DIV CONTROLLER, AHMEDNAGAR.¶9
A. B. Dhongade
respondent
JIJABAI SANJAY KOLPE AND ORS¶10
Amol S. Gandhi
appellant
THE DIVISIONAL CONTROLLER, MSRTC, LATUR.¶12
R. D. Reddy
respondent
SUMANBAI HANMANT SALUNKE AND ORS¶14
appellant
THE DIVISIONAL CONTROLLER, MSRTC, LATUR.¶17
R. D. Reddy
respondent
UJWALA WAGHAMBAR WAGHMARE AND ORS¶18
appellant
MSRTC THR DIV CONTROLLER, JALGAON¶23
A. B. Dhongade
respondent
SWATI SHEETAL BHANDARKAR AND ORS¶23
appellant
M S R T C THROUGH DIVISIONAL CONTROLLER LATUR¶26
R. D. Reddy
respondent
SHALUBAI MOHAN SHINDE AND ORS¶26
appellant
DIVISIONAL CONTROLLER MSRTC AURANGABAD¶30
R. D. Reddy
respondent
SAHEEN FEROZ PATEL AND ORS¶31
appellant
DIVISIONAL CONTROLLER, MSRTC, AURANGABAD.¶37
A. B. Dhongade
respondent
NEETA SACHIN AMBEKAR AND ORS¶39
appellant
MSRTC THR. DIVISIONAL OFFICER, AURANGABAD¶44
A. B. Dhongade
respondent
RANDHAWANI SUKHDEV SHINGARE AND ORS¶45
appellant
DIVISIONAL CONTROLLER, MSRTC, DIVISION PARBHANI¶48
A. D. Wange
respondent
PRASHANT VASANTRAO KSHIRSAGAR¶49
appellant
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, AURANGABAD¶53
A. B. Dhongade
respondent
RANDHAWANI SUKHDEV SHINGARE AND ANR¶54
appellant
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, AURANGABAD¶58
A. B. Dhongade
respondent
KU. SHRADDHA SUKHDEV SHINGARE, U/G RANDHAWANI SUKHDEV SHINGARE (KALKATE)¶59
appellant
MSRTC WAHATUK BHAVAN MUMBAI THROUGHDIVNL CONTROLLER OSMANABAD DIVN OSMANABAD AND ANR¶64
respondent
SUREKHA POPAT @ TATYA KARVAR AND ORS¶66
appellant
MSRTC THR DIVNL CONTROLLER AHMEDNAGAR¶70
A. B. Dhongade
respondent
KISHOR BHAUSAHEB BHOSALE AND ANR¶70
appellant
MSRTC, MUMBAI THR.DIVISIONAL CONTROLLER, JALNA¶73
respondent
LAXMI VASANTA SHELKE AND ORS¶74
appellant
MSRTC, THR. DIVISIONAL CONTROLLER, LATUR¶76
A. B. Dhongade
respondent
DR. UMAKANT MADHAVRAO PATIL¶78
applicant
Applicant in Civil Application(s) in First Appeal No. 2784 of 2009 (name not stated in text)¶42
Akram Inamdar h/f S. S. Kazi

Coram

AI extract

Avinash R. Borulkarmember¶94
S. G. Shetemember¶94
R. M. Joshi, J.member¶94