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Bombay High CourtIA/8624/2024delay condonatedrejected

Union Of India Thr. Ministry Of Communication And Information Technology Department Of Posts v. Mr. Deepak Vithoba Belnekar

2024-09-04Hon'Ble Shri Justice Arun R. Pedneker2 pages

P-1-IA-8624-2024+FA(ST)-10365-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by SATISH RAMCHANDRA SANGAR Date:

2024.09.06 11:05:35 +0530 INTERIM APPLICATION NO.8624 OF 2024 SATISH RAMCHANDRA SANGAR IN FIRST APPEAL (ST) NO.10365 OF 2024 Union of India Through : Ministry of Communication & Information Technology Dept. of Posts ...Applicant vs.

Deepak Vithoba Belnekar

...Respondent

***** Mr.Anjani Kumar Singh:- Advocate for Applicant.

Mr.Nikhil Mehta i/b. KMC Legal Venture:- Advocate for Respondent.

***** CORAM :

S. M. MODAK, J.

DATE :

4th SEPTEMBER 2024 P. C. :- 1.

Praecipe is moved for modification of the order dated 9th July 2024. Read that order.

2.

Heard learned Advocate for the Applicant - Appellant and learned Advocate for Respondent - Claimant.

3.

It is true that the said order does not say, where the amount is to be deposited by the Appellant. Consequentially, the Appellant has deposited the amount in this Court. The issue does not rest there. Satish Sangar 1/2

P-1-IA-8624-2024+FA(ST)-10365-2024.doc 4.

Para No.3 further permits the Claimant to withdraw 65% of the amount on furnishing an undertaking. However, that undertaking is to be furnished before the Presiding Officer of MACT - Mumbai. As the amount is deposited in this Court, the Claimant is unable to furnish an undertaking before the Claims Tribunal - Mumbai. If the Claimant will come to this Court for withdrawal, it will take some time. 5.

In view of that, following direction is issued to the Office:- -: DIRECTIONS :- (i) Office to transfer the amount deposited by the Applicant - Appellant to the Office of MACT - Mumbai.

(ii) Thereafter, the Claimant can follow the direction given in Para No.3 of the order dated 9th July 2024.

(iii) Rest of the order will remain the same.

[S. M. MODAK, J.] Satish Sangar 2/2