Union Of India Thru Its Gm v. Sitaram S/O Tukaram Bhoyar

2026:BHC-NAG:4655 1 39.caf.963.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO.963/2026 IN FIRST APPEAL NO. 908/2009 Union OF India Vs.

Sitaram Tukaram Bhoyar, Dead through Lrs.

................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................... Ms Neerja G. Chaubey Advocate for Appellant.

Ms. N. N. Kinnekar, Advocate h/f. Mr. Alpesh Deshmukh, Advocate for LRs of Claimants.

CORAM :

NEERAJ P. DHOTE, J.

DATED :

23.03.2026 1.

This is an Application by the legal representatives of the claimants for withdrawal of the remaining amount, which was deposited by the Appellant in this Court.

2.

Learned Advocate for the Applicant/Claimant submits that, the Union of India had filed the Appeal against the decision dated 23.11.2006 passed by the Railway Claims Tribunal, Nagpur in Claim Application No.67/OA-II/ RCT/NGP/2003. The said Appeal is dismissed. She submits that, the Appellant had deposited Rs.3,64,401/- in this Court, out of which, the claimant has withdrawn Rs.84,401/-. The Application is for withdrawal of the remaining amount, which comes Rs.2,00,000/- which is invested in the fixed deposit.

3.

The learned Advocate for the Appellant/Union of India submits that, appropriate order be passed.

2 39.caf.963.26.odt 4.

The order dated 01.07.2022 shows that, the Appeal was heard on merits and dismissed. The office note shows that, on the earlier occasion, the claimant withdrew the amount of Rs. 80,000/- and Rs. 84,401/-. Thus, the balance amount deposited by the Appellant in this Court under the award is permitted to be withdrawn by the claimant after following due process.

5.

The Application stands disposed of accordingly. (NEERAJ P. DHOTE, J) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 24/03/2026 11:04:08