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Bombay High CourtCAF/3431/2014admittedallwdgrantedrule absolute

The Union Of India, General Manager v. Shri Govindrao S/O Champatrao Fate

2015-03-30Hon'Ble Shri Justice A.S. Chandurkar1 pages

6-CAF-3431-14 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.3431 OF 2014 IN FIRST APPEAL NO.609 OF 2011 The Union of India, General Manager, Central Railway CST, Mumbai. -vsGovindrao s/o Champatrao Fate ------------------------------------------------------------------------------------------------------------------ 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 appellant.

Shri Lalit Limaye, Advocate a/w Shri S.S. Thakur, Advocate for the respondent.

CORAM : A.S.CHANDURKAR, J.

DATE : MARCH 30, 2015 Prayer is to permit withdrawal of 50% amount that has been awarded by the Claims Tribunal on account of injuries suffered by the respondent.

It is submitted that the respondent was a bonafide passenger and on account of aforesaid accident, he has been permanently disabled.

Application is opposed by the learned counsel for the appellant. However, considering the facts of the case, the respondent is permitted to withdraw sum of Rs.2,00,000/- from the amount deposited by the appellant. The respondent shall file an undertaking in this Court within period of four weeks from today that in case the appeal is allowed, the respondent shall repay the aforesaid amount with interest at the rate the Court may fix. C.A. is allowed and disposed of. JUDGE