Union Of India v. Arun Subhash Patil And ANR.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.22821 OF 2025 WITH INTERIM APPLICATION NO.11131 OF 2025 by SATISH RAMCHANDRA SANGAR Date:
2025.09.19 11:32:16 +0530 SATISH RAMCHANDRA SANGAR [FOR DELAY CONDONATION] WITH INTERIM APPLICATION NO.11132 OF 2025 [FOR STAY] Union of India :
Represented by the General Manager Central Railway, Mumbai CSMT ...Applicant In the matter between:- Union of India :
Represented by the General Manager Central Railway, Mumbai CSMT ...Appellant V/s.
Arun Subhash Patil and Anr.
...Respondents
***** Mr.Niranjan Prabhakar Shimpi:- Advocate for Applicant/Appellant.
*****
CORAM
:
S. M. MODAK, J.
DATE :
12th SEPTEMBER 2025 P. C. :- INTERIM APPLICATION NO.11131 OF 2025 1.
Heard learned Advocate Shri.Shimpi for the Applicant/ Appellant.
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2.
There is a delay of 182 days in filing the Appeal. Learned Advocate Shri.Mohan Rao has already waived the notice on 22nd August 2025.
3.
For the reasons stated in the Application, the delay is condoned. The Interim Application is allowed in terms of prayer clause (a). Accordingly the Application is disposed of.
FIRST APPEAL (ST) NO.22821 OF 2025 4.
The Railway Claims Tribunal-Mumbai Bench as per the Judgment dated 29th July 2024 has allowed the Application. There was a direction to pay Rs.8,00,000/- (Rupees Eight Lakh) along with the interest which is challenged by the Railways. 5.
Already compilation of documents is on record. Though Mr.Mohan Rao has waived notice on 22nd August 2025, he has not filed Vakalatnama. Hence issue notice to the Respondents returnable on 10th October 2025. Private notice, in addition, is allowed. Affidavit of service be filed.
INTERIM APPLICATION NO.11132 OF 2025 6.
Stay is granted to the execution of the Judgment dated 29 th July 2024 passed by the Railway Claims Tribunal - Mumbai Bench in Claim Application No : OA (II U) / MMC/265/2020 subject to 2/3
deposit of the entire amount along with the interest within a period of 4 weeks before the learned Railway Claims Tribunal. 7.
Accordingly, the Stay Application is disposed of. 8.
The Claimants are at liberty to apply for withdrawal. [S. M. MODAK, J.] 3/3