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Bombay High CourtIA/1097/2025allowed

Deputy Chief Engineer Central Railway,Pune v. Shrinivas Keshav Joshi-Dead Thr. Lrs. 1-1 Dilip Shrinivas Joshi And ORS.

2025-01-24Hon'Ble Justice Sharmila U. Deshmukh2 pages

902 Ia-1097-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1097 OF 2025 IN FIRST APPEAL (St.) NO. 32792 OF 2023 Deputy Chief Engineer, Central Railway, Pune ...Applicant.

Versus

Shrinivas Keshav Joshi (since deceased, through LRs) and Others

...Respondents.

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

Mr. A. R. Patil, AGP for State.

Ms. Nidhi Chauhan i/b Mr. Pradip Patil for Respondent Nos. 1(i) (ii). ------ Coram : Sharmila U. Deshmukh, J.

Date : January 24, 2025.

P. C. :

1.

Interim Application has been preferred seeking to extend the stay granted by this Court by order dated 27th September, 2024. 2.

At the outset, learned counsel appearing for Applicant seeks leave to amend the prayer clause to seek extension of time to deposit the entire decretal amount along with accrued interest as directed by order dated 27th September, 2024. Leave granted. Amendment to be carried out forthwith.

3.

Learned counsel appearing for Applicant submits that by order of 27th September, 2024, the decretal amount along with accrued interest had to be deposited within a period of eight weeks. However, Sairaj 1 of

902 Ia-1097-2025.doc there was some delay in obtaining administrative approvals. She submits that the amount will be deposited on Monday, i.e. 27th January, 2025 and she submits the copy of the pay order, which is taken on record.

4.

Learned counsel for Respondent would oppose the relief and submit that time granted by this Court had expired long back and no steps were taken for extension of time.

5.

Considering the compensation amount will be deposited, which can then be made available for Applicants to withdraw upon filing of necessary Application, the time can be extended for deposit of the decretal amount along with accrued interest.

6.

The statement of learned counsel for Appellant, on instructions, that the amount will be deposited on 27th January, 2025 is accepted as an undertaking given to this Court.

7.

Interim Application is allowed.

[Sharmila U. Deshmukh, J.] Sairaj 2 of