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The Union Of India, Thr The General Manager Central Railway, Mumbai And Others v. Kundlik Raosaheb Sanap

2023-09-26Hon'Ble Shri Justice Arun R. Pedneker3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 FIRST APPEAL NO.3515 OF 2023 WITH CA/6171/2023 IN FA/2059/2023 WITH CA/6170/2023 IN FA/2058/2023 WITH CA/6176/2023 IN FA/3518/2023 WITH CA/6173/2023 IN FA/3517/2023 WITH CA/6175/2023 IN FA/3516/2023 WITH CA/6174/2023 IN FA/3519/2023 WITH CA/6172/2023 IN FA/3515/2023 WITH CA/4849/2022 IN FAST/34955/2021 WITH CA/4850/2022 IN FAST/34955/2021 WITH FA/2058/2023 WITH CA/4853/2022 IN FA/2058/2023 WITH CA/4865/2022 IN FA/3515/2023 WITH FA/3518/2023 WITH CA/4863/2022 IN FA/3518/2023 WITH FA/3516/2023 WITH CA/4861/2022 IN FA/3516/2023 WITH FA/3517/2023 WITH CA/4859/2022 IN FA/3517/2023 WITH FA/3519/2023 WITH CA/4857/2022 IN FA/3519/2023 WITH FA/2059/2023 WITH CA/4855/2022 IN FA/2059/2023 THE UNION OF INDIA, THR THE GENERAL MANAGER, C.R. MUMBAI AND ORS

VERSUS

BANSI LAXMAN DHUDHAL ...

Advocate for Appellants : Mr. A. N. Patare Advocate for Respondent : Mr. D. A. Bide ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

26/09/2023 PER COURT :

In Civil Application No.6171 of 2023, the learned Advocate for the applicant seeks leave to withdraw the application. He submits that the applicant has passed away and that he would file fresh application on behalf of the legal heirs.

2.

The learned Advocate for the applicant is permitted to withdraw

FA 3515-2023 the application, application is disposed of.

3.

Present appeals are filed challenging the orders passed by the Reference Court. Vide order dated 31/03/2022, Stay is granted by this Court subject to deposit of entire compensation amount with accrued interest thereon. The amount of compensation with interest is deposited in this Court.

WITHDRAWAL OF AMOUNT APPLICATIONS :

4.

In Civil Applications filed for withdrawal of amount. The learned Advocate for the applicants submits that in the identical facts situation in matters arising out of the same project, this Court by order dated 03/05/2023, in the CA/3613/2023 in FAST/35229/2021, along with other connected matters, has permitted the applicants to withdraw entire compensation amount along with interest accrued thereon till date. 5.

In view of the above, the applicants are permitted to withdraw the entire compensation amount, deposited in this Court along with interest accrued thereon, on usual undertaking to the satisfaction of the Registrar Judicial of this Court. The applications are disposed of.

FA 3515-2023 STAY APPLICATIONS :

6.

In applications filed for Stay. The Stay has been granted to the Reference Court award subject to deposit of entire amount of compensation with interest till date. The acquiring body has deposited amounts of compensation as directed along with interest accrued thereon in this Court.

7.

In view of the same, the Stay order passed by this Court dated 31/03/2022, in all the applications, is confirmed. Applications are disposed of.

8.

The appeals are Admitted. Respective Advocates waive service of notice in appeals.

9.

List the appeals in due course.

( ARUN R. PEDNEKER, J. ) vj gawade/-.