Shri Dashrath S/O Urkudaji Patale And Another v. Union Of India, Through General Manager, South Eastern Railway, Through Chief Commercial Manager

Order 0611caf4024.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION [F] NO. 4024/2019 IN FIRST APPEAL NO. 754/2015.

Dashrath Urkudaji Patale -VERSUSUnion of India Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri S.K. Sable, Advocate for the Applicants/Appellants. None for the Respondent.

CORAM : VINAY JOSHI, J.

DATE : 06.11.2019.

Heard.

2.

Applicants/original appellants seek to modify the judgment and order passed by this Court in First Appeal No. 754/2015 on 22.11.2018. Precisely, applicants pray for deletion of Clause (II)(b) of the judgment and order on the premise that they have already received the amount of compensation to the tune of Rs.2 lakhs.

3.

Perusal of the judgment and order dated 22.11.2018 reveals that the impugned award passed

Order 0611caf4024.19 by the Railway Claims Tribunal was modified by this Court, and accordingly compensation to the tune of Rs.2 lakhs along with interest has been awarded. Though the award is executed, it does not mean that the said order of this Court requires deletion. 4.

In view of above, I find no substance in the prayer made for deletion of part of the judgment and order. Civil Application is, therefore, dismissed. No costs.

JUDGE Rgd.