Central Railway v. Subhadra Maruti Patil Decs Thr Lrs

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MJ Jadhav CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 29727 OF 2025 WITH INTERIM APPLICATION NO. 11711 OF 2025 WITH INTERIM APPLICATION NO. 11712 OF 2025 IN Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2025.09.20 11:38:47 +0530 FIRST APPEAL (ST) NO. 29727 OF 2025 MANGALTAI JAYWANT JADHAV Central Railway ... Appellant/Applicant Vs.

Subhadra Maruti Patil Decd. Through LRS ... Respondents Mr. Leena Patil for the Appellant/Applicant.

Ms. Deepa Punde i/b Sachin Punde for Respondent Nos.2 to 5. Mr. D. J. Haldankar, AGP for the State.

CORAM : GAURI GODSE, J.

DATED : 19th SEPTEMBER 2025 ORDER:

INTERIM APPLICATION NO. 11711 OF 2025 1.

This application is filed for seeking condonation of delay in filing the first appeal.

2.

Learned counsel for the applicant submits that the reasons for delay are explained in paragraphs 7, 8 and 9 of the application. She, on instructions, submits that the entire award amount as per the Page no. 1 of 3

impugned order shall be deposited in the executing Court within 10 weeks from today. Statement is accepted. She, therefore, submits that the delay in filing the first appeal be condoned. 3.

I have perused the application. I see no reason to disbelieve the grounds raised in the application. In the facts and circumstances of the case, delay is condoned and the application is allowed in terms of prayer clause (b).

FIRST APPEAL (ST) NO. 29727 OF 2025 4.

Admit.

5.

Learned AGP waives notice for the respondent-State. 6.

Learned advocate for the remaining respondents waives notice.

7.

Call for records and proceedings.

8.

Printing is dispensed with.

9.

Learned advocate for the appellant shall file private paperbook within a period of one year from today. 10.

First Appeal (st) No. 30050 of 2025 be tagged alongwith this appeal.

INTERIM APPLICATION NO. 11712 OF 2025 Page no. 2 of 3

11.

Not on board. Taken on board.

12.

This application is for seeking stay to the impugned order. 13.

Learned counsel for the applicant, on instructions, makes a statement that the entire amount shall be deposited in the executing Court within 10 weeks from today.

14.

Subject to the applicant depositing the entire award amount with interest as per the impugned order, there will be interim stay in terms of prayer clause (b).

15.

It is clarified that if the amount is not deposited within the time granted by this order, the interim-stay granted by this order shall stand vacated without any reference to the Court. 16.

In the facts and circumstances of the case, the respondents (claimants) shall be permitted to withdraw 50% of the entire amount deposited by the applicant, on production of the authenticated copy of this order. The balance 50% amount shall be permitted to be withdrawn on furnishing Bank guarantee to the satisfaction of the executing Court.

17.

Interim Application is disposed of in the aforesaid terms. (GAURI GODSE, J.) Page no. 3 of 3