Application allowed for withdrawal of compensation by appellant. Appeal against Railway Tribunal judgment dismissed in October 2012 for non-compliance with time limit to file paper-book.
Interim application allowed and made absolute in terms of prayer clause (a) granting leave to withdraw compensation amount.
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17-IA-1666-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1666 OF 2022
IN
FIRST APPEAL NO.2236 OF 2011
Lalchand Triveni Soni & Anr. ...Applicants IN THE MATTER BETWEEN Union of India ...Appellant Vs Lalchand Triveni Soni & Anr. ...Respondents …
Mr. Shrishailya S. Deshmukh for the Applicants.
CORAM : SANDEEP K. SHINDE J. DATE : MARCH 24, 2022.
P.C. :
The Union of India through the General Manager,
Western Railway, had preferred First Appeal No.2236 of 2011 against
the judgment and order dated 27 th October, 2009 passed by the
Railway Claims Tribunal, Mumbai Branch, Mumbai.
2 Mr. Deshmukh, learned counsel for the
applicants/claimants, has brought to my notice conditional order
Shivgan 1/2
17-IA-1666-2022.odt
dated 13 th September, 2012 by which the appellant was directed to file paper-book within six weeks. It appears that, the appellant has not complied with the said order. In consequence, appeal stood dismissed in October, 2012. This application is moved by the respondents seeking leave to withdraw the compensation amount deposited by the appellant in the Registry of this Court.
3 In consideration of the facts of the case, although the appearance of the advocate, Mr. Tripathi representing Union of India is shown, he is not present.
4 In that view of the matter, application is allowed and
made absolute in terms of prayer clause (a).
5 Interim Application is disposed of accordingly.
(SANDEEP K. SHINDE, J.)
Shivgan 2/2
Union of India
Lalchand Triveni Soni
Anr
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
