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Bombay High CourtCAO/115/2019admittedallwdgrantedrule absolute

The Union Of India, General Manager, Western Railway, Churchgate, Mumbai v. Akkabai W/O Kishor Pardhi And Others

2019-01-18Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

919cao115.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 115/2019 IN MISC. CIVIL APPLICATION STAMP NO. 28476/2018 IN FIRST APPEAL STAMP NO. 16314/2018 (R.C.887/2018) Union of India, Western Railway, Mumbai.

Vs.

Akkabai w/o Kishor Pardhi and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri N.P. Lambat, counsel for the applicant/appellant CORAM: ARUN D. UPADHYE , J.

DATE: 18-01-2019.

Heard learned counsel for the applicant/ appellant.

Perused the application. There is a delay of 62 days in filing restoration application. Considering the reasons stated in the application, the delay is condoned. The civil application is allowed.

MISC. CIVIL APPLICATION STAMP NO. 28476/2018 Perused the application. For the reasons stated in the application, the application is allowed. First Appeal Stamp No. 16314/2018 is restored to the original file. The Misc. Civil Application is allowed.

919cao115.19.odt 2 FIRST APPEAL NO. .............../2019 Issue notice to the respondents, returnable 31/01/2019.

CIVIL APPLICATION STAMP NO. 16317/2018 Heard learned counsel for the applicant/ appellant.

Learned counsel for the applicant has submitted that compensation of Rs. 8,00,000/- is paid, on instructions only interest is challenge by way of present appeal. In view of the statement made on behalf of the applicant/appellant, the impugned judgment and award, is hereby stayed in terms of prayer clause (i), till further order. JUDGE rkn