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

Permission granted to the applicant/appellant to deposit the balance compensation amount in the Court by 31.07.2025; Civil Application (CAF) No. 2254 of 2025 disposed of as its purpose stands served; Registrar (J) directed to transfer the deposited compensation amount to the respondent's bank account within five weeks of encashment of the cheque, on furnishing of bank account details to the Registry.

Issue for consideration

Whether the applicant/appellant should be permitted to deposit the balance compensation amount in the Court, and whether the respondent's application seeking a direction for such deposit should be allowed. +1 more

Court's answer

Civil Application (CAF) No. 2659 of 2025 filed by the applicant/appellant is allowed as prayed; the applicant is permitted to deposit the balance compensation amount in the Court by 31.07.2025.

Ratio / Principle

Civil Application (CAF) No. 2254 of 2025 is disposed of, its purpose being served by the appellant's counsel undertaking to deposit the balance compensation amount by 31.07.2025.

Key takeaways

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 the respondent furnishing bank account details to the Registry, thereby acceding to the respondent's oral prayer for permission to withdraw the amount.ratio¶¶20

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Abhay J. Mantri, J.), order dated 25-07-2025 in Civil Applications (CAF) Nos. 2659 and 2254 of 2025 in First Appeal No. 1243 of 2009 (Union of India v. Sheikh Wasim s/o Sk. Pasha): the appellant's application for leave to deposit the balance compensation amount in the Court was allowed as prayed, with time to deposit by 31.07.2025; the respondent's application seeking a direction to the appellant to deposit was disposed of as its purpose stood served in view of the appellant's undertaking; and, on encashment of the compensation cheque, Registrar (J) was directed to transfer the amount to the respondent's bank account within five weeks on his furnishing bank account details to the Registry. The underlying appeal had already been disposed of by order dated 09.10.2023.

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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