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Bombay High CourtIA/475/2025disposed off

Central Railway Through The Deputy Chief Engineer(Construction) v. Bama Ladkya Patil And ANR.

2025-03-25Hon'Ble Justice Sharmila U. Deshmukh2 pages

503-FA-217-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 475 OF 2025 IN FIRST APPEAL NO. 217 OF 2025.

Central Railway.

...Appellant.

Versus

TALLE SHUBHAM ASHOKRAO Bama Ladkya Patil & Anr.

...Respondents.

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

None for the Respondents.

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

TALLE SHUBHAM ASHOKRAO Date: 2025.03.26 11:04:54 +0530 Date : March 25, 2025.

P. C. :

1.

Not on board. Mentioned. Taken on production board. 2.

Praecipe has been moved for extension of time for depositing the amount as directed by order dated 30th January, 2025. 3.

By order dated 30th January, 2025, this Court had granted stay of the impugned Judgment and Award subject to deposit of the entire decretal amount along accrued interest within a period of 10 weeks failing which the First Appeal to stand dismissed without further reference to the Court. An error has occurred in the said order as the order was passed in the Interim Application and failure to deposit the amount would result in the dismissal of the Interim Application for stay and not the dismissal of the First Appeal.

Shubham Talle 1 of

503-FA-217-2025.doc 4.

As such the word 'First Appeal' occurring in the last line of paragraph 1 to be substituted with the word "Interim Application". 5.

Corrected order to be uploaded accordingly.

6.

Learned Counsel appearing for the Applicant submits that notice of today's production was given to the Respondents. None appears for the Respondents.

7.

By order dated 30th January, 2025 this Court has passed the conditional order of stay subject to deposit within a period of 10 weeks. Considering that the amount was not deposited within the stipulated period, the Interim Application stands dismissed and the Application today is for revival of the Interim Application by extension of time to deposit the said amount. Learned Counsel for Applicant submits that within a period of one week the amount will be deposited. In view of the submission, the Interim Application stands revived. 8.

Time to deposit the entire decretal amount along with accrued interest is extended for period of one week from today. [Sharmila U. Deshmukh, J.] Shubham Talle 2 of