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Bombay High CourtCA/15220/2023admittedallowedgrantedrule absolute

Union Of India Through The General Manager Central Railway v. Kantiram Haribhau Phartade Died Through Its Lrs And Others

2025-10-10Hon'Ble Shri Justice Kishore C. Sant5 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 7859 OF 2025 IN FAST/28982/2023 Kantiram Haribhau Phartade Died Through Lrs Manisha Kantiram Phatarde And Ors

VERSUS

Union Of India Through The General Manager Central Railway Mumbai And Ors.

WITH CIVIL APPLICATION NO. 7861 OF 2025 IN FAST/28795/2023 WITH CIVIL APPLICATION NO. 15221 OF 2023 IN FAST/28986/2023 WITH CIVIL APPLICATION NO. 15215 OF 2023 IN FAST/28994/2023 WITH CIVIL APPLICATION NO. 15216 OF 2023 IN FAST/28994/2023 WITH CIVIL APPLICATION NO. 15218 OF 2023 IN FAST/28978/2023 WITH CIVIL APPLICATION NO. 15219 OF 2023 IN FAST/28982/2023 WITH CIVIL APPLICATION NO. 15220 OF 2023 IN FAST/28982/2023 WITH CIVIL APPLICATION NO. 7866 OF 2025

( 2 ) IN FAST/28986/2023 WITH CIVIL APPLICATION NO. 9136 OF 2025 IN FAST/28994/2023 WITH CIVIL APPLICATION NO. 15213 OF 2023 IN FAST/28795/2023 WITH CIVIL APPLICATION NO. 7858 OF 2025 IN FAST/28978/2023 WITH CIVIL APPLICATION NO. 15214 OF 2023 IN FAST/28795/2023 WITH CIVIL APPLICATION NO. 15217 OF 2023 IN FAST/28978/2023 WITH CIVIL APPLICATION NO. 15222 OF 2023 IN FAST/28986/2023 ...

Mr. Dnyaneshwar A. Bide, Advocate for Applicant. Mr. A. G. Talhar, (through VC) Advocate for Respondent. CORAM : KISHORE C. SANT, J.

DATE : 10th OCTOBER 2025.

PC :- 1.

Heard the learned Advocates for the parties.

2.

These applications are filed for withdrawal of the amount deposited by the appellant-Insurance Company in the office of this

( 3 ) Court. The applicants are the claimants.

3.

The learned Advocate for the applicant relies upon the order dated 25th July 2025 passed by this Court in Civil Application No. 7662/2025 in First Appeal No.2951/2024 arising out of the same acquisition proceedings.

4.

This Court, in the said application, has allowed the applicants to withdraw entire amount deposited in the office of this Court as the enhancement is within four times of the amount awarded by the learned SLAO.

5.

The learned Advocate Mr. Talhar, DSGI, does not dispute this position.

6.

Considering above, following order:

ORDER

(i) Civil Applications are allowed.

(ii) The applicants are permitted to withdraw entire amount deposited in the office of this Court alongwith accrued interest on furnishing usual undertaking.

( 4 ) (iii) With this, civil applications for withdrawal stand disposed off.

STAY APPLICATIONS 7.

The appellant has already deposited the entire amount deposited in the office of this Court alongwith accrued interest. 8.

In view of the same, there shall be stay to the impugned judgment and award till final disposal of the first appeals. 9.

Civil Applications for stay stand disposed off. CONDONATIONS OF DELAY 10.

Heard the learned Advocates for the parties.

11.

These applications are filed for condonation of delay caused in filing the first appeals.

12.

Learned Advocate Mr. Talhar, DSGI, submits that the delay is not intentional but has occurred for the reasons stated in the applications. 13.

For the reasons stated in the applications, delay stands condoned. Applications are allowed. Office to register first appeals. 14.

With this, civil applications stand disposed off.

( 5 ) FIRST APPEALS 15.

Heard.

16.

Admit.

17.

Call for record and proceedings.

18.

Learned Advocate Mr. Bide waives service of notice for respective claimants.

[KISHORE C. SANT, J.]