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Bombay High CourtCAF/1255/2024allowed

Union Of India, South Central Rly, Thr. General Manager, Secunderabad v. Prabhakar S/O Venkatrao Tadkalskar, And 1 Anor

2024-08-19Hon'Ble Shri Justice Sanjay Anandrao Deshmukh2 pages

caf1255.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.1255 OF 2024 IN FIRST APPEAL No.878 OF 2009 (D) (Union of India south Central Railway, through its General Manager, Secunderabad Vs. Prabhakar s/o. Venkatrao Tadkalaskar and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. N.P. Lambat, Advocate for appellant.

Mr. D.S. Lambat, Advocate for respondents.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 19 th AUGUST, 2024.

1.

This is an application for permission to withdraw the amount under award in favour of legal heirs of late Suman Madhavrao Patwe daughter of original respondent No.2.

2.

Learned Advocate for the applicant pointed out that the affidavit of son of Suman Mahadevrao Patwe is filed on record. Affidavit is filed by legal representative of Suman.

3.

Considering this aspect, the application deserves to be allowed.

4.

However, it is clarified if an affidavit filed by him is found false, he can be held liable under Section 200 of the Indian Penal Code for making such false declaration.

5.

The Registry is directed to pay amount of

caf1255.24.odt 2/2 compensation i.e. share of Suman Patwe to her son Santosh Mahadavrao Patwe along with accrued interest as per the award.

6.

The application is thus allowed and disposed of.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 19/08/2024 17:23:50