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Bombay High CourtCAF/897/2014dispossed offdismiss for default

General Manager, Central Railway, Throguh Dy. Chief Engineer, Amravati v. Shri Manish S/O Shriram Choudhary, Amravati And Another

2015-09-04Hon'Ble Shri Justice A.S. Chandurkar2 pages

903-CAF-896-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.896 OF 2014 IN FIRST APPEAL (St) NO.3161 OF 2014 General Manager, Central Railway, Thr. Dy. Chief Engineer, Construction, Central Railway -vs- Manish S/o Shriram Choudhary & Anr.

------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri R. g. Agrawal, Advocate for appellant.

Shri C. R. Najbile, Advocate for respondent No.1. Shri M.M. Ekaray, AGP for respondent No.2.

CORAM : A.S.CHANDURKAR, J.

DATE : September 04, 2015 Though prayer for condonation of delay is opposed by counsel for respondent No.1, considering reasons mentioned, the delay stands condoned.

Civil application is allowed and disposed of. F.A.(St) No.3161 of 2014 Heard. Admit. Call for record and proceedings. Shri C. R. Najbile, learned counsel waives notice on behalf of respondent No.1. Learned Assistant Government Pleader waives notice on behalf of respondent No.2.

C.A.F. No.897 of 2014 As the applicant has deposited the entire amount of compensation, execution of the impugned award shall remain stayed during pendency of the appeal. Civil application is disposed of.

903-CAF-896-14 2/2 C.A.F. No.1524 of 2015 Prayer is to permit the claimant to withdraw the amount of compensation as awarded. Considering the reasons mentioned, the claimants are permitted to withdraw 50% of the amount of compensation on furnishing usual undertaking. Remaining 50% of the amount of compensation is permitted to be withdrawn subject to furnishing solvent surety/security to the satisfaction of the Registrar (Judicial). Civil application is disposed of. JUDGE Asmita