Bombay High CourtCAO/2281/2018ca disposed off

Union Of India Through General Manager, South East Central Railway, Bilaspur (Chattisgarh) v. Smt. Sunita W/O Rashtrapal Sirsat And Others

2019-01-15Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1501cao2281.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.2281/2018 IN CROSS-OBJECTION ST. NO.4605/2017 IN FIRST APPEAL NO.1204/2016 Union of India, Through General Manager, South East Central Railway, Bilaspur (Chattisgarh) ...Versus...

Smt. Sunita w/o Rashtrapal Sirsat and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Shweta Hanawate, Counsel h/f Shri N.P. Lambat, Counsel for appellant Shri R.M. Tiwari, Counsel h/f Shri C.A. Joshi, Counsel for respondent nos.1 to 3 CORAM : ARUN D. UPADHYE, J.

DATE : 15/01/2019 Heard.

These respondents had previously filed Civil Application (CAF) No.1466/2018 praying that an amount of Rs.6430/- be deducted from the amount of compensation deposited by the appellant towards court fees for cross-objection.

The learned Counsel for the applicant nos.1 to 3/respondent nos.1 to 3 has submitted that in view of the reference answered by the Division Bench in Civil Revision No.76/2016, the required court fees is Rs.25/- only. He

1501cao2281.18.odt further submitted that the applicant nos.1 to 3/respondent nos.1 to 3 are ready to pay an amount of Rs.25/- as court fee for cross-objection.

Considering the facts and circumstances of the case and after hearing the learned Counsel for the parties, I am of the view that following order would subserve the ends of justice.

O R D E R

(i) The civil application is allowed.

(ii) The order passed by this Court on 4/9/2018 so far as granting permission to deduct the amount of court fees, is recalled.

(iii) The applicant nos.1 to 3/respondent nos.1 to 3 are permitted to pay court fees, according to law. The civil application stands disposed of accordingly. No order as to costs.

JUDGE Wadkar, P.S.