Union Of India, Central Rly. Gen. Manager, Cst Mumbai Thr Dy Chief Engineer, Central Rly. Const. Ng v. Harichand Jagannath Khandelwal (Died) Thr. Lrs. Smt. Shantibai Wd/O Harichand Khandelwal And Others
2024:BHC-NAG:11021-DB Order 0110caf985.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION [CAF] NO. 985/2023 IN CIVIL APPLICATION [CAF] NO.3499/2019 IN FIRST APPEAL ST.NO.9390/2019.
Union of India.
-VERSUSHarichand Jagannath Khandelwal and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.
Shri N.P. Lambat, Advocate for the Applicant. Shri J.J. Chandurkar, Advocate for Non-applicant Nos.2 to 6.
Shri A. Badar, A.G.P. for Non-applicant Nos.8 and 9. CORAM : VINAY JOSHI AND VRUSHALI V. JOSHI , JJ.
DATE : OCTOBER 01 , 2024.
Heard.
2.
This is an application by original claimants / non-applicant nos. 2 o 6 seeking permission to withdraw entire amount of compensation deposited by the applicant Railways. 3.
Considering the submissions, claimants are permitted to withdraw 50% of the amount on usual undertaking and 25% of the amount on furnishing security to the satisfaction of the Rgd.
Order 0110caf985.23 Registrar (Judicial) of this Court. Civil Application is accordingly allowed and disposed of.
....
Civil Application (CAF) No.3499/2019.
Heard.
2.
This is an application seeking condonation of delay of 297 days caused in filing appeal by the Union of India, challenging the award passed by the Reference Court.
3.
The learned Counsel appearing for the applicant took us through the reasons for delay which have been mentioned in the application. Though the learned Counsel appearing for nonapplicants have objected the prayer of the applicant, we are inclined to condone the delay for deciding the matter on merits.
4.
In view of above, Civil Application is allowed and disposed of. Delay is accordingly condoned. Office to register the appeal and list the same for admission.
JUDGE JUDGE Rgd.