Union Of India, Thr. General Manager, Central Railway, Cst, Mumbai v. Rajkumar Dashrath Agarkar And Others

1 33caf3171.2024..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 3171 OF 2024 IN FIRST APPEAL NO. 1113 OF 2024 (Union of India Vs. Rajkumar Dashrath Agarkar and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. A.S. Athalye, Advocate for appellant/applicant. CORAM : ABHAY J. MANTRI, J.

DATED : 24-07-2025 Heard.

2.

Learned counsel for the applicant/appellant submitted that the appellant has deposited the entire amount of compensation in the court on 26.02.2025. Similarly, by order dated 22.01.2025, a stay was granted to the impugned judgment and order. Thereafter, by order dated 17.04.2025, the appeal was admitted; therefore, she has prayed for allowing the application in terms of prayer clause 1 of the application.

3.

Having considered the above factual position and the fact that the appellant had already deposited the entire amount in the Court and considering the reasons disclosed in the application, the application is allowed in terms of the prayer clause 1. 4.

Since the record and proceedings are received and learned counsel for the appellant is ready to submit copies of the deposition in the Court within one week, the filing of the paper book is dispensed with, subject to the supply of a copy of the deposition. 5.

It appears that despite service of notice, none appear for respondent Nos. 1 to 3, to afford one opportunity to the respondents

2 33caf3171.2024..odt to appear and defend, issue notice to respondents, returnable after one week.

(ABHAY J. MANTRI, J.) Belkhede