Deputy Chief Engineer, Amravati Narkhed Railway v. Jaikisan Jainarayanji Bhaiya (Dead Thr. Lrs) Smt. Shantabai Jaikisanji Bhaiya And Others

1 fa824.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR FIRST APPEAL NO.824/2017 Deputy Chief Engineer, Amravati Narkhed Railway, Akoli, Tah. and Distt. Amravati ..Vs..

Jaikisan Jainarayanji Bhaiya (dead) through L.Rs. and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 9.4.2018.

Shri S.N. Tapadia, Advocate states that he is instructed to appear for respondent No.1(d) against whom the appeal is dismissed as she could not be served with notice of appeal.

As respondent No.1(d) is now represented, appeal dismissed against her is restored.

Appeal is admitted.

Shri S.N. Tapadia, Advocate waives notice for respondent Nos.1(a) to 1(g).

Shri M.A. Kadu, A.G.P. waives notice for respondent Nos.2 and 3.

Call record and proceedings.

The appellant shall file private paper book within six months.

The learned Advocates for the respective parties state that the matter be placed before the

2 fa824.17 National Lok-Adalat, Nagpur scheduled on 22nd April, 2018.

The parties to appear before the National Lok-Adalat, Nagpur on 22nd April, 2018 at 11 a.m. CIVIL APPLICATION NO.2478/2015 The appellant has deposited the entire amount as per the impugned award.

Interim order granted on 8th October, 2015 to continue until further orders.

The learned Advocate for the claimants has pointed out the order passed in First Appeal No.1006/2014 which is pending before this Court and has arisen out of similar claim. This Court has permitted the claimants to withdraw 75% of the amount deposited by the appellant on submitting undertaking.

Shri Anoop Parihar, learned Advocate does not dispute this factual aspect.

In the facts of the case, the respondent Nos.1(a) to 1(g) / claimants are permitted to withdraw 75% of the amount deposited by the appellant jointly, on submission of undertaking by all the claimants to the satisfaction of Registrar (J.) of this Court stating that in case at the time of hearing of appeal it is found that the claimants are not entitled for the amount withdrawn by them, they will re-deposit the amount with the Registry of this Court within two months from the date of order of this Court. The amount be transmitted in the joint account of respondent Nos.1(a) to 1(g) / claimants after

3 fa824.17 the undertaking is given by all the claimants. The civil application is allowed in the above terms. No costs. JUDGE Tambaskar.