Union Of India Through The General Manager Central Railway v. Babasaheb S/O Pandarinath Phad And ANR

2025:BHC-AUG:29738 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT) 910 CIVIL APPLICATION NO. 11580 OF 2025 IN FAST/29185/2023 SANDIPAN NIVRUTI JADHAV THE UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY CHHATRAPATI SHIVAJI TERMINUS AND ORS CIVIL APPLICATION NO. 11581 OF 2025 IN FAST/29227/2023 THE UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY CHHATRAPATI SHIVAJI TERMINUS AND ORS 911 CIVIL APPLICATION NO. 11594 OF 2025 IN FAST/29236/2023 DADARAO PANDURNG PHAD THE UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY CHHATRAPATI SHIVAJI TERMINUS AND ORS CIVIL APPLICATION NO. 11595 OF 2025 IN FAST/29232/2023 ARJUN NARAYAN PHAD AND ANR THE UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY CHHATRAPATI SHIVAJI TERMINUS AND ORS 913 CIVIL APPLICATION NO.

11604 OF 2025 IN FAST/36437/2023 UDHAV RAMBHAU PHAD AND ORS THE UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY CHHATRAPATI SHIVAJI TERMINUS AND ORS CIVIL APPLICATION NO. 11605 OF 2025 IN FAST/36403/2023 SUDHIR BHAGWAN PHAD THE UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY CHHATRAPATI SHIVAJI TERMINUS AND ORS Mr. A.V. Thombre, Advocate for the claimant.

Mr. R.B. Dhaware and Ms. Chaitali Choudhari Kutti, AGPs for the respondent in respective matters.

Mr. Nitin S. Salunke, Advocate for respondent-Union of India.

( 2 )

CORAM

: KISHORE C. SANT, J.

DATE : 17.10.2025 PC :- These applications are for withdrawal of amount deposited by the Acquiring Body in the office of this Court. 02.

Considering that the amounts are below Rs. 4 lakhs, this Court finds that there is no difficulty in allowing the applicants to withdraw the amount.

03.

The Civil Applications are, therefore, allowed. The applicants are permitted to withdraw the amount deposited in this Court along with accrued interest on furnishing usual undertaking. 04.

The Civil Applications for withdrawal of amount are accordingly allowed and are disposed of.

* * * * * * * (CIVIL APPLICATIONS FOR CONDONATION OF DELAY) CIVIL APPLICATION NO. 15111 OF 2023 IN FAST/29185/2023 CIVIL APPLICATION NO. 15113 OF 2023 IN FAST/29227/2023 CIVIL APPLICATION NO. 15121 OF 2023

( 3 ) IN FAST/29236/2023 CIVIL APPLICATION NO. 15119 OF 2023 IN FAST/29232/2023 CIVIL APPLICATION NO. 15117 OF 2023 IN FAST/29194/2023 LAXMAN PANDURANG PHAD CIVIL APPLICATION NO. 914 OF 2024 IN FAST/36437/2023 UDHAV S/O RAMBHAU PHAD AND ANR CIVIL APPLICATION NO. 910 OF 2024 IN FAST/36403/2023 CIVIL APPLICATION NO. 912 OF 2024 IN FAST/36434/2023 BABASAHEB S/O PANDARINATH PHAD AND ANR These applications are filed for condonation of delay caused in filing the appeals. For the reasons stated in the applications, the delay stands condoned. The Civil Applications are allowed. The First Appeals be registered.

* * * * *

( 4 ) (CIVIL APPLICATIONS FOR STAY) CIVIL APPLICATION NO. 15112 OF 2023 IN FAST/29185/2023 CIVIL APPLICATION NO. 15114 OF 2023 IN FAST/29227/2023 CIVIL APPLICATION NO. 15120 OF 2023 IN FAST/29232/2023 CIVIL APPLICATION NO. 15122 OF 2023 IN FAST/29236/2023 CIVIL APPLICATION NO. 911 OF 2024 IN FAST/36403/2023 CIVIL APPLICATION NO. 915 OF 2024 IN FAST/36437/2023 UDHAV S/O RAMBHAU PHAD These applications are filed for stay to the execution of the impugned judgment and award. Since the amount is already deposited as per the aware, there shall be stay to the impugned judgment and award till disposal of the appeal.

( 5 ) 02.

The Civil Applications for stay are accordingly allowed and are disposed off.

* * * * * * FIRST APPEALS FIRST APPEAL ST. NO. 29185 OF 2023 FAST/29227/2023 FAST/29236/2023 FAST/29232/2023 FAST/29194/2023 LAXMAN PANDURANG PHAD FAST/36437/2023 UDHAV S/O RAMBHAU PHAD AND ANR FAST/36403/2023

( 6 ) FAST/36434/2023 BABASAHEB S/O PANDARINATH PHAD AND ANR Issue notice to the respondents, returnable 06.02.2026. [KISHORE C. SANT, J.] snk/2025/Oct25/ca11580.25