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Bombay High CourtFA/1688/2019disposed off

Gen. Manager, Central Railway, Cst Mumbai Thr. Dy. Chief Engineer (Const), Central Rly. Akoli, Amt. v. Jangaldas Mikiram Chelwani Thr. Constituted Power Of Attorney, Pawankumar M. Jajodia And Another

2024-04-30Hon'Ble Shri Justice G. A. Sanap1 pages

1 07fa1688.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FIRST APPEAL NO.1688 OF 2019 [D] [The General Manager, Central Railway, CST, Mumbai .vs. Jangaldas Milkiram Chelwani and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.P. Lambat, Advocate for Appellant.

Mr. Sawan Alaspurkar, Advocate for Respondent No.1. Mr. S.S. Hulke, AGP for Respondent No.2.

...........

CORAM : SANJAY A. DESHMUKH, J.

DATE : 6 th DECEMBER, 2024.

This appeal is decided by the judgment and order of dismissal dated 30th April, 2024.

2.

Learned advocate for respondent no.1 pointed out that he had communicated the respondent no.1 by letter dated 29.11.2024 that he has to pay the deficit court fee of Rs.15,015/-, however, the respondent no.1 has not responded to him.

3.

Considering this aspect, it appears that the respondent no.1 is not ready to pay the remaining court fee. Therefore, the Registry is directed to proceed against the respondent no.1 for recovery of court fee of Rs.15,015/- as per the prescribed procedure of law. If it is found that there is no any property of respondent no.1 to proceed against the said court fee, the Registry can deduct the amount of Rs.15,015/- from the amount of compensation deposited by the appellant.

(SANJAY A. DESHMUKH, J.) Gulande