Union Of India Through The General Manager Central Railway v. Ushabai Shrimant Shelke

2025:BHC-AUG:28658 1 917-8756-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8756 OF 2025 IN FAST/32643/2024 Dwarkabai Mohan Shelke Died Through L.Rs. Vinayak Mohanrao Shelke And Another Mr. V. V. Bhavthankar, Advocate for the Applicants. Mr. A. G. Talhar, Advocate for Respondent Nos. 1 & 2 (through V.C.).

CIVIL APPLICATION NO. 13427 OF 2024 IN FAST/32643/2024 Dwarkabai Mohan Shelke Died Through L.Rs. Vinayak Mohanrao Shelke And others Mr. V. V. Bhavthankar, Advocate for Respondent Nos. 1 & 2. CIVIL APPLICATION NO. 13428 OF 2024 IN FAST/32643/2024

2 917-8756-2025.odt Dwarkabai Mohan Shelke Died Through L.Rs. Vinayak Mohanrao Shelke And others Mr. V. V. Bhavthankar, Advocate for Respondent Nos. 1 & 2. AND CIVIL APPLICATION NO. 8757 OF 2025 IN FAST/32600/2024 Shamsundar Balkishan Indani And Others Mr. V. V. Bhavthankar, Advocate for the Applicants. Mr. A. G. Talhar, Advocate for Respondent Nos. 1 & 2 (through V.C.).

CIVIL APPLICATION NO. 13396 OF 2024 IN FAST/32600/2024 Shamsundar Balkishan Indani And Others

3 917-8756-2025.odt Mr. V. V. Bhavthankar, Advocate for Respondent Nos. 1 to 5. CIVIL APPLICATION NO. 13397 OF 2024 IN FAST/32600/2024 Shamsundar Balkishan Indani And Others Mr. V. V. Bhavthankar, Advocate for Respondent Nos. 1 to 5. AND CIVIL APPLICATION NO. 723 OF 2025 IN FAST/33635/2024 Ushabai Shrimant Shelke .. Respondent Mr. V. V. Bhavthankar, Advocate for Respondent. CORAM : KISHORE C. SANT, J.

DATE : 09th OCTOBER, 2025.

PER COURT :- CIVIL APPLICATION NO. 8756 OF 2025 :

CIVIL APPLICATION NO. 8757 OF 2025 :

These applications are for withdrawal of the amount

4 917-8756-2025.odt deposited by the appellant in appeal in the office of this Court. 2.

The learned advocate Mr. Bhavthankar relies upon the order passed by this Court dated 26.04.2024 in Civil Application No. 3506/2024 in First Appeal (Stamp) No. 23005/2023 wherein, this Court permitted to withdraw entire amount of compensation. 3.

The learned D.S.G.I. Mr. Talhar for respondents accepts this position.

4.

Considering above, following order :

ORDER

(I) The civil applications are allowed.

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

(III) The civil applications stand disposed of. CIVIL APPLICATION NO. 13427 OF 2024 :

CIVIL APPLICATION NO. 13396 OF 2024 :

These applications are for condonation of delay caused in

5 917-8756-2025.odt filing the first appeals.

2.

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

3.

The civil applications stand disposed of.

CIVIL APPLICATION NO. 13428 OF 2024 :

CIVIL APPLICATION NO. 13397 OF 2024 :

CIVIL APPLICATION NO. 723 OF 2025 :

Since the amount is already deposited by the applicants, there shall be stay to the impugned judgment and award till disposal of the appeals.

2.

The civil applications stand disposed of.

( KISHORE C. SANT, J. ) P.S.B.