Bhausaheb Ashraji Pawar And ANR v. Union Of India Thr General Manager, Central Railway, C.S.T., Mumbai And ORS

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 8296 OF 2024 IN FAST/7986/2022 BHAUSAHEB ASHRAJI PAWAR AND ANR ....Applicants

VERSUS

UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS .....Respondents Mr. D. A. Bide, Advocate for the applicant Mr. S. S. Deshpande, Advocate for the respondents CORAM : KISHORE C. SANT, J.

DATE : 22nd NOVEMBER, 2024 P. C.

1.

Heard the learned advocate for the applicants and learned advocates for the respondents.

2.

It is submitted that the amount is already deposited by the respondent-appellant in the office of this court. 3.

It is pointed out that the applicant relies on the order passed by this court dated 17-07-2023 in CA/6383/2023 and

(2) other companion applications. This court by way of said order allowed the applicants-original claimants to withdraw the entire amount deposited in this court. It is pointed out that the learned SLAO had awarded compensation @ Rs.1500/- per R and same is enhanced to Rs.3800/- per R by the learned reference court. The total amount of compensation is Rs.4 lakhs and some odd amount.

4.

The application is vehemently opposed by the learned advocate for the respondents.

5.

However, considering that earlier order is passed by this court, it would be proper to pass the following order:-

ORDER

a] The application is allowed.

b] The applicants are permitted to withdraw the entire amount deposited by the appellant in the office of this court alongwith accrued interest on

(3) furnishing usual undertaking.

c] With this, the application stands disposed off. APPEAL 1.

Heard.

2.

Admit.

3.

Call R & P.

4.

Mr. Bide, learned advocate waives service of notice for respondents on admission.

[KISHORE C. SANT, J.] VishalK/927ca8296.24