Bombay High CourtCA/12175/2023admittedallowedgrantedrule absolute

Sudam S/O Dhondiba Maske v. Union Of India Thr General Manager, Central Railway, C.S.T., Mumbai And ORS

2023-10-27Hon'Ble Shri Justice Arun R. Pedneker3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 CIVIL APPLICATION NO.12172 OF 2023 IN FA/1345/2022 WITH CIVIL APPLICATION NO.9245 OF 2022 IN FA/1345/2022 TANHAJI S/O DADARAO DAMBE

VERSUS

UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI & OTHERS ...

Advocate for Applicant : Mr.S.R.Shirsat AGP for Respondent-State : Mr.N.T.Bhagat Advocate for Respondent nos.1 and 2 : Mr.Swapnil Joshi h/f. Mr.S.B.Deshpande ...

AND 969 CIVIL APPLICATION NO.12175 OF 2023 IN FA/1347/2022 WITH CA/9249/2022 IN FA/1347/2022 SUDAM S/O DHONDIBA MASKE

VERSUS

UNION OF INDIA THR GENERAL MANAGER, CENTRAL RAILWAY, C.S.T., MUMBAI AND ORS ...

Advocate for Applicant : Mr.S.R.Shirsat AGP for Respondent-State : Mr.N.T.Bhagat Advocate for Respondent nos.1 and 2 : Mr.Swapnil Joshi h/f. Mr.S.B.Deshpande ...

CORAM :ARUN R. PEDNEKER, J.

DATE :27.10.2023

P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL 1] The present Civil Applications are filed to withdraw amount deposited by the appellant in this Court. 2] The learned counsel for the applicants has produced order dated 18th August, 2023 passed in Civil Application No.10211 of 2023 in First Appeal Stamp No.7617 of 2022 and other connected matters. The learned counsel for the applicants submits that in similarly placed matters, this Court permitted the applicants to withdraw the entire amount of compensation deposited in this Court in view of the fact that small pieces of land of the applicants were acquired and meager compensation has been awarded.

3] In view of the order passed by this Court, the applicants in the present matter are also permitted to withdraw the entire amount deposited in this Court along with interest accrued thereon till date subject to furnishing usual undertaking to the satisfaction of the Registrar [J] of this Court. Civil Applications are disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR STAY Since the appellants has deposited entire award amount in this Court, the interim stay granted by this Court stands confirmed. Civil Applications are disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC