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Bombay High CourtCA/8669/2024admittedallowedgrantedrule absolute

Union Of India Through The General Manager Central Railway v. Mahadeo Baburao Pawar

2024-06-25Hon'Ble Shri Justice Shailesh P. Brahme4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 CIVIL APPLICATION NO. 8950 OF 2025 IN FAST/14435/2024 NAVNATH BABURAO BAN AND ANR

VERSUS

UNION OF INDIA THROUGH GENERAL MANAGER AND ORS WITH CIVIL APPLICATION NO. 8650 OF 2024 IN FAST/14435/2024 WITH CIVIL APPLICATION NO. 8651 OF 2024 IN FAST/14435/2024 WITH CIVIL APPLICATION NO. 8652 OF 2024 IN FAST/14438/2024 WITH CIVIL APPLICATION NO. 8653 OF 2024 IN FAST/14438/2024 WITH CIVIL APPLICATION NO. 8654 OF 2024 IN FAST/14441/2024 WITH CIVIL APPLICATION NO. 8655 OF 2024 IN FAST/14441/2024 WITH CIVIL APPLICATION NO. 8952 OF 2025 IN FAST/14438/2024 WITH CIVIL APPLICATION NO. 8951 OF 2025 IN FAST/14441/2024 AND 972 CIVIL APPLICATION NO. 8956 OF 2025 IN FAST/14428/2024 SUDAM ANANDA BAN AND ORS

VERSUS

UNION OF INDIA, THROUGH GENERAL MANAGER CENTRAL RAILWAY AND ORS WITH CIVIL APPLICATION NO. 8665 OF 2024 IN FAST/14419/2024 WITH CIVIL APPLICATION NO. 8666 OF 2024 IN FAST/14419/2024 WITH CIVIL APPLICATION NO. 8671 OF 2024 IN FAST/14422/2024 WITH CIVIL APPLICATION NO. 8672 OF 2024 IN FAST/14422/2024 WITH CIVIL APPLICATION NO. 8669 OF 2024 IN FAST/14425/2024 WITH CIVIL APPLICATION NO. 8670 OF 2024 IN FAST/14425/2024 WITH CIVIL APPLICATION NO. 8667 OF 2024 IN FAST/14428/2024 WITH CIVIL APPLICATION NO. 8668 OF 2024 IN FAST/14428/2024 WITH CIVIL APPLICATION NO. 8955 OF 2025 IN FAST/14419/2024 WITH CIVIL APPLICATION NO. 8953 OF 2025 IN FAST/14422/2024 WITH CIVIL APPLICATION NO. 8954 OF 2025 IN FAST/14425/2024

...

Advocate for Applicants : Mr. Shinde Chandrakant Kondiram. AGPs for Respondent/s-State : Mr. D. B. Bhange, Mr. B. A. Shinde, respectively.

Advocate for UOI : Mr. R. R. Bangar h/f Mr. A. G. Talhar. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 20.08.2025 PER COURT :- 1.

Heard both sides.

2.

Civil applications for withdrawal of amount can be decided by common order because applicants are seeking disbursement of the amount deposited in this Court by the respondent/acquiring body.

3.

Following is the breakup of the relevant facts. Sr.

No.

LAR No.

First Appeal St. No.

Name of claimant Amount deposited in High Court 1.

729/2017 14419/2024 Champabai Ban & 50,380/- Ors.

2.

718/2017 14425/2024 Mahadeo Pawar 12,42,715/- 3.

719/2017 14422/2024 Mangalbai Dhumal 11.08,368/- 4.

730/2017 14428/2024 Sudam Ban 5,37,390/- 5.

727/2017 14435/2024 Navnath Ban 11,58,748/- 6.

717/2017 14438/2024 Hanumant Dhumal 4,19,836/- 7.

728/2017 14441/2024 Sopanrao Mule 9,57,227/-

4.

Learned counsel for the respondent and learned AGP would oppose the application as well as submissions of the learned counsel for the applicants.

5.

I have considered rival submissions of the parties. The respondent/acquiring body has deposited amount in this Court as shown in the aforesaid table. Ends of the justice would be made in permitting the applicants to receive the amount deposited in this Court by imposing certain conditions. 6.

Civil applications for withdrawal of amount are partly allowed permitting the applicants to receive 75% of the amount with accrued interest on furnishing undertaking and further balance 25% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. Civil Applications for Delay 7.

For the reasons stated in the applications, delay stands condoned. Civil applications for delay are allowed. First Appeals.

8.

Admit.

9.

Learned counsel Mr. Shinde waives service of notice for respondents/claimants.

10.

Call for Record and Proceedings from the concerned Court if not called for.

Civil Applications for Stay 11.

In pursuance of the orders, respondent has deposited the amount, therefore, ad-interim relief granted earlier shall stand confirmed.

12.

Civil applications for stay are disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-