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Bombay High CourtCAF/835/2025allowed

Shewantabai Wd/O Ruprao Barde And Others v. Union Of India, Thr. General Manager, Central Railway, Mumbai

2025-09-26Hon'Ble Shri Justice Pravin S. Patil2 pages

1/2 35.caf.835.2025 in fa.205.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 835 OF 2025 IN FIRST APPEAL NO. 205 OF 2018 (D) (Shewantabai Ruprao Barde & Ors. V/s The Union of India) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. S. Mirache, Advocate for Appellants.

Ms. Neerja Chaubey, Advocate for Respondent.

-------------------------- CORAM : PRAVIN S. PATIL, J.

DATE : SEPTEMBER 26, 2025.

.

By this Application, the Appellants are seeking direction to the Respondent/Railway Department to transfer the amount of compensation along with interest in the account of Appellant Nos.1 and 4.

2.

The learned Counsel for Respondent states that due to change in the name on the Adhar Card and other documents, the Respondent/Railway Department is not allowing the Appellants to withdraw the amount. It is pointed out that name of Appellant No.1, as per the record of First Appeal is, "Shewantabai Ruprao Barde". In support of this submission, the learned Counsel for Respondent has relied upon the Adhar Card and Pan Card. Adhar Card shows the name of Appellant No.1 as "Shewanta Ruprao Barde" and Pan Card shows the name of Appellant No.1 as "Shewantabai Ruprao Barde".

2/2 35.caf.835.2025 in fa.205.2018.odt 3.

It is commonly known that after the name of a women "bai" word us used. So, according to me, it is not the change in the name of Appellant No.1. The documents filed on record are of the same person.

4.

As far as the Appellant No.4 "Priya Ruprao Barde" is concerned, when she was impleaded in the array of Appellants in the present Appeal, she was unmarried. It is stated that now she got married with one "Deepak Shivare" on 11/1/2015, and therefore, she is represented herself as "Sau. Priya Deepak Shivare".

5.

Hence, considering these facts, which are stated on affidavit, I am of the opinion that the Appellant Nos.1 and 4 are same persons, and therefore, the Respondent/Railway Department should permit them to withdraw the amount.

6.

For the reasons stated in the Application, Civil Application is allowed.

7.

The Respondent/Railway Department is directed to permit the Appellants to withdraw the amount deposited by the Respondent in this Court.

[PRAVIN S. PATIL, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 30/09/2025 18:42:37