Central Railway Through The Deputy Chief Engineer (Construction) v. Gajanan Mahadu Pawar (Deceased) Thr. Lrs. 1- A Anusaya Gajanan Pawar And ORS.

44 Ia-386-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 386 OF 2025 IN FIRST APPEAL (St.) NO. 30837 OF 2024 IN L.A.R. NO. 353 OF 2019 Central Railway, Through the Deputy Chief Engineer (Construction), Panvel Railway Station, District Raigad.

...Applicant.

Versus

Gajanan Mahadu Pawar (deceased) through LRs and Others.

...Respondents.

------ Ms. Leena Patil for Appellant.

Ms. Deepa Punde i/b Mr. Sachin Punde for Respondent Nos.1A to 1F. Mr. A. R. Patil, AGP for Respondent-State.

------ Coram : Sharmila U. Deshmukh, J.

Date : January 13, 2025.

P. C. :

1.

Interim Application has been preferred seeking stay of the impugned judgment and award dated 7th March, 2024. 2.

The stay is granted subject to deposit of entire decretal amount along with accrued interest in the Reference Court within a period of 10 weeks from today, failing which, the Appeal will stand dismissed without further reference to the Court.

3.

Upon the amount deposited by the applicant, the original Corrected order pursuant to Speaking to the minutes order dated 21st January, 2025. Sairaj 1 of

44 Ia-386-2025.doc claimant will be entitled to withdraw the amount of compensation subject to furnishing of Solvent Surety/Bank Guarantee to the satisfaction of the Reference Court. The Reference Court shall grant opportunity of hearing to all the parties before accepting the Solvent Surety/Bank Guarantee.

4.

In event, the application for withdrawal of compensation is not made by the claimant within a period of three months, then the amount deposited by the applicant shall be invested by the Reference Court in Fixed Deposit in any Nationalized Bank initially for a period of one year and thereafter, renew the same subject to the orders of this Court.

[Sharmila U. Deshmukh, J.] Corrected order pursuant to Speaking to the minutes order dated 21st January, 2025. Sairaj 2 of