Rajendrasingh Jhabbursingh Tomar (Thakur) And Another v. The Union Of India,General Manager Central Rly. Mumbai

mca.177.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [MCA] No.177 of 2018 in First Appeal No.1012 of 2010 Rajendrasingh s/o Jhabbusingh Tomar & another vs.

Union of India, its General Manager, Central Railway, C.S.T. Mumbai =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- OfÏce notes, OfÏce 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. Ms. Shweta Hanwante, Advocate for the Respondent.

CORAM

: S.B. SHUKRE, J.

DATE : 14 th AUGUST, 2018.

Heard the learned Counsel for the appellants and the learned Counsel for the respondent.

The only contention of the appellants is that the facts and circumstances of this case have not been properly appreciated by this Court and this Court has hurriedly drawn conclusion in the matter. It is also submitted that, at the most, the matter could have been remanded back to the lower forum for reconsideration in accordance with law.

The first ground of challenge cannot be a subject matter of review and, therefore, it is rejected. The second ground of challenge can also not be a ground for review, as what has been done by this

mca.177.18 2/2 Court was within the scope of the powers, which are exercised by the Court while deciding the first appeal. It has not been shown by the appellants that there was something, which was not available on record at the time when the lower authority rendered its findings. Whatever has been done by this Court, was only on the basis of the facts and circumstances established on record. Therefore, there is no merit in this application. The application stands rejected. No costs.

JUDGE *sandesh