Dy. Chief Engineer (Construction), Central Railway, Ajani, Nagpur v. Shri Shankar Arjun Wagde Thr. P.O.A Pankaj Haribhau Khonde And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1294/2023 IN FIRST APPEAL NO. 132/2023 Dy. Chief Engineer Central Railway, Ajni, Nagpur Vs Shri Shankar Arjun Wagde And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr N.P. Lambat, advocate for the appellant.

Mr D.U. Thakare, advocate for the respondent No.1. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 02/05/ 3.

1.

Heard.

2.

This Court has already permitted respondent No.1 to withdraw 50% of the amount on usual undertaking. However, respondent No.1 is 94 years old and not in a position to move from one place to another place and therefore, seeking permission for exemption from personal identification of respondent No.1.

3.

Considering the reasons mentioned in the application that respondent No.1 is 94 years old, the verification of respondent No.1 can be carried out through video conferencing. So, respondent No.1 is permitted to appear through Video Conferencing for verification.

In view of that, civil application is disposed of.

Civil Application (CAF) no. 2059/2019 1.

The present application is for seeking stay to the effect, operation, implementation, and execution of the impugned judgment and decree passed by the learned Joint Civil Judge Senior Division, Wardha in LAC No. 115/2014, dated 19.10.2018.

2.

Learned advocate Mr N.P. Lambat for the appellant submitted that the appellant has already been deposited the entire amount of compensation along with accrued interest. Respondent No.1 is also permitted to withdraw the same. 3.

In view of that, the effect, operation, implementation, and execution of the impugned judgment and award passed in LAC No. 115/2014 be stayed till final disposal of the appeal.

Civil Application is disposed of.

First Appeal No. 132/2023 1.

Record and Proceedings is already received.

2.

Mr N.P. Lambat, learned advocate for the appellant seeks permission for dispensing with the private paperbook. 3.

On his request, filing of private paper-book is dispensed with.

Appeal be placed before the Court for final hearing as per its own turn.

JUDGE Signed By:RAJESH K NANDURKAR