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Bombay High CourtCAF/858/2020disposedoff

Western Coal Fields Ltd. Majri Area, Warora Through Chief General Manager v. Kusum W/O Dadaji Ghugul And Another

2020-12-04Hon'Ble Shri Justice S.M. Modak2 pages

caf.646.20 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAF] No.646 of 2020 & Civil Application [CAF] No.858 of 2020 & Civil Application [CAF] No.859 of 2020 in First Appeal No.265 of 2009 (D) Western Coal Fields Ltd.

vs.

Kusum w/o Dadaji Ghugul & another =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri Anjan De, Advocate for the Applicants/Claimants. Ms. A.S. Wanjari, Adv. h/f Shri Anilkumar, Adv. for the Appellant. Shri M.A. Kadu, A.G.P. for Respondent No.2.

CORAM

: S.M. MODAK, J.

DATE : 4 th DECEMBER, 2020.

Heard the learned Advocates for the respective parties.

First Appeal No.265 of 2009 was already decided by this Court as per the Common Judgment, dated 12/03/2013. Deceased Kusum Dadaji Ghugul was respondent No.1 therein. During pendency of the appeal, she expired on 14/03/2013. A photocopy of Death Certificate is filed along with the application. However, it was not brought to the notice of the Court. Now, at the time of withdrawal of the amount of compensation, her legal representatives have realized about this mistake and that is why these applications are filed.

The appellant is not objecting for the same.

Earlier this fact was not brought on record, as it was not

caf.646.20 2/2 informed to the learned Advocate for respondent No.1. Hence, the directions :

i.

Delay caused in bringing the legal representative of respondent No.1 on record is condoned.

ii. The appellant is directed to bring the applicants as legal representatives of respondent No.1.

iii. The applicants be permitted to withdraw the amount of compensation.

iv. The Nazar is directed to transfer the amount of compensation by transferring the same directly to their bank account on their personal verification, as ordered by the Reference Court in it's judgment dated 25/04/2008.

v. The applications are allowed and disposed of accordingly.

JUDGE *sandesh by Sandesh Waghmare Date:

2020.12.05 17:10:41 +0530 Sandesh Waghmare