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Bombay High CourtMCA/63/2025disposed of

Anil Dharmu Fal Dessai And ANR v. Spl.Land Acquisition Officer, South Goa, Konkan Railway Corporation Ltd., And ANR

2026-04-24Hon'Ble Shri Justice Valmiki Menezes3 pages

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF BOMBAY AT GOA

APPELLATE SIDE MISC.CIVIL APPLICATION NO.63 OF 2025 WITH MISC.CIVIL APPLICATION NO.63 OF 2025 ANIL DHARMU FAL DESSAI AND ANR ... APPLICANT VS SPL.LAND ACQUISITION OFFICER, SOUTH GOA, KONKAN RAILWAY CORPORATION LTD., AND ANR ... RESPONDENTS Advocate Pranay Kamat for Applicants and Advocate A. Fernandes for Respondents REGISTRAR'S ORDER Heard Advocate Pranay Kamat for Applicants and Advocate A. Fernandes for Respondents. Advocate A. Fernandes places on record an E-mail received from Respondents along with memo and she prays for time for confirmation of the calculations. Learned Advocate Pranay Kamat vehemently objected and submitted that the matter is very old. He also submitted that vide Registrar's Order dated 10/04/2026, one last and final opportunity was granted to the Learned Adv. A. Fernandes appearing for Respondents to seek instructions about the calculations from the Respondents.

As per the letter in E-mail received by Adv. A. Fernandes from her

clients, time is sought stating that the corporation would verify and approve the calculations from their original accounts. Section Officer, Accounts Section had prepared calculations on 16/03/2026 but the issue involved is limited tho the release of the amount of Rs. 75,000/- that was deposited by the Applicants along with the interest. As per the calculations the amount is lying invested in F.D. with the Registry and as on 22/10/2024, the said amount is Rs. 3,67,406/-. Ld. Adv. Shri. Pranay Kamat submitted that out of the total amount awarded of Rs. 2,30,943.30/-, only Rs. 75,000/- was deposited as on 05/04/2001 and the Applicant would file Execution proceedings to recover the balance amount. He also submitted that the Applicants are also entitled to further interest on the amount of Rs. 75,000/- from 23/10/2024 till the amount is actually paid to the Applicants. As on today, whatever amount has been deposited will have to be released to the Applicants.

ORDER

'In view of the above, the Applicants are permitted to withdraw an amount of Rs. 3,67,406/- along with accrued interest till the date of encashment. Accounts Section Office to release the amount to the Applicants.'

Dated: 24th April, 2026 ( Irshad Agha ) (Registrar Judicial) sv*