The Union Of India, Through General Manager, Western Railway, Churchgate, Mumbai v. Hafij S/O Jamal Shaikh And Another

921cao117.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 117/2019 IN MISC. CIVIL APPLICATION STAMP NO. 28481/2018 IN FIRST APPEAL STAMP NO. 16321/2018 (R.C.885/2018) Union of India, Western Railway, Mumbai.

Vs.

Hafiz s/o Jamal Sheikh and another --------------------------------------------------------------------------------------------------------------------------------- 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. 28481/2018 Perused the application. For the reasons stated in the application, the application is allowed. First Appeal Stamp No. 16321/2018 is restored to the original file. The Misc. Civil Application is allowed.

921cao117.19.odt 2 FIRST APPEAL NO. .............../2019 Issue notice to the respondents, returnable 31/01/2019.

CIVIL APPLICATION STAMP NO. 16322/2018 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