Union Of India, Central Railways, Through Its General Manager, C.S.T. Mumbai v. Pramila Ghanshyam Khandelwal And Others

18.FA.1260.2019.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAF) No.1107/2020 IN First Appeal No.1260/2019 Union of India, Central Railway through its General Manager, Mumbai Vs. Pramila Ghanshyam Khandelwal & Ors.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= 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 Appellant. Shri P.V. Bhoyar, Advocate for Respondent No.1/Cross-objector. Shri M.A. Kadu, Advocate for Respondent Nos.2 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 22 nd FEBRUARY, 2021.

The applicant herein had sought withdrawal of compensation deposited by the Appellant.

Having perused the evidence, the reasons recorded in the impugned judgment and award as well as the grounds raised in the appeal memo, the applicant/respondent No.1 is permitted to withdraw 75% amount of the compensation, on furnishing an undertaking before the Registrar (Judicial) that the amount will be refunded with interest as per the order of the Court, in the event the Appellant succeeds in the appeal.

The civil application stands disposed of.

Cross-Objection (XOB) Stamp No.2596/2020 Heard. Arguable points are raised. Hence, admit. Shri N.P. Lambat, learned Counsel waives service of

18.FA.1260.2019.

2/2 notice on behalf of Union of India and Shri M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos.2 and 3. Filing of private paper-book is dispensed with in view of order dated 03/01/2020 in the appeal.

(SMT. ANUJA PRABHUDESSAI, J.) vijay