The U.O.I. Gen. Manager, South Central Rly Vs Sk. Wasim S/O Sk. Pasha — Bombay HC (2025) — LawSathi Research

The U.O.I. Gen. Manager, South Central Rly Vs Sk. Wasim S/O Sk. Pasha — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant/appellant (Union of India) permitted to deposit the balance compensation amount in Court by 31.07.2025; CAF No. 2254 of 2025 disposed of as its purpose is served by the appellant's undertaking; respondent permitted to withdraw the deposited amount, with Registrar (J) directed to transfer it to the respondent's bank account within five weeks of encashment of the cheque and on furnishing of bank account details to the Registry.

Issue for consideration

Whether the applicant/appellant (Union of India) should be permitted to deposit the balance compensation amount in the Court. +1 more

Court's answer

CAF No. 2659 of 2025 is allowed as prayed: the applicant/appellant is permitted to deposit the balance compensation amount in the Court by 31.07.2025, there being no objection from learned counsel for the respondent.

Ratio / Principle

CAF No. 2254 of 2025, by which the applicant/respondent sought a direction to the appellant to deposit the balance compensation amount, is disposed of, the appellant having undertaken to deposit the same by 31.07.2025.

Key takeaways

The respondent's oral request to withdraw the amount to be deposited by the appellant (to which the appellant's counsel raised no objection) is given effect to: on encashment of the cheque of compensation amount, Registrar (J) is directed to transfer the said amount to the respondent's bank account within five weeks, on his furnishing bank account details to the Registry.ratio¶19

Detailed headnote1 paragraphs

Interlocutory order on two civil applications arising out of First Appeal No. 1243 of 2009 (Union of India v. Sheikh Wasim s/o Sk. Pasha), an appeal already disposed of on 09.10.2023. In CAF No. 2659 of 2025 the appellant (Union of India) sought leave to deposit the balance compensation amount in Court; the application was allowed as prayed, with time to deposit by 31.07.2025, learned counsel for the respondent raising no objection. In CAF No. 2254 of 2025 the respondent sought a direction to the appellant to deposit the balance compensation; it was disposed of as its purpose was served by the appellant's undertaking to deposit the amount by 31.07.2025. On the respondent's oral request to withdraw the amount (met with no objection from the appellant's counsel), Registrar (J) was directed to transfer the deposited compensation to the respondent's bank account within five weeks, upon encashment of the cheque and furnishing of bank account details to the Registry. No monetary figure for the balance compensation is stated in the order.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO 2659 OF 2025 AND CIVIL APPLICATION (CAF) NO 2254 OF 2025 IN

FIRST APPEAL NO. 1243 OF 2009

(Union of India Vs. Sheikh Wasim s/o Sk. Pasha )

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

- - - - Ms. Neerja Chaubey, Advocate for appellant.

Mr. Deven Lambat, Advocate for the respondent.

CORAM : ABHAY J. MANTRI, J. DATED : 25-07-2025

Heard.

The applicant/appellant has filed this application to permit it to deposit the balance compensation amount in this Court, for which learned counsel for the respondent has no objection.

Having considered the reasons disclosed in the application as well as no objection of learned counsel for the respondent, the application is allowed as prayed. Applicant is permitted to deposit the balance compensation amount in the court by 31.07.2025.

CIVIL APPLICATION (CAF) NO 2254 OF 2025

Applicant/respondent has moved this application to direct the appellant to deposit the balance compensation amount in the court, for which, learned counsel for the appellant has undertaken to deposit the same by 31.07.2025. In view of the same, the application is disposed of as the purpose would be served.

Learned counsel for the respondent orally seeks permission to withdraw the amount which will be deposited by the appellant in this Court, for which learned counsel for the appellant has no objection as

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the appeal is already disposed of by order dated 09.10.2023.

In view of the above, on encashment of the cheque of compensation amount, Registrar (J) is directed to transfer the said amount in the bank account of the respondent, within five weeks, on his furnishing bank account details to the Registry.

(ABHAY J. MANTRI, J.)

Belkhede