Central Railway vs Narayan Hiru Patil Decs Thr Lrs — Bombay HC (2025) — LawSathi Research

Central Railway vs Narayan Hiru Patil Decs Thr Lrs — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Composite order: (i) Interim Application No. 11704 of 2025 allowed — delay in filing the first appeal condoned in terms of prayer clause (b); (ii) First Appeal (ST) No. 27097 of 2025 admitted, records and proceedings called for, printing dispensed with, notice waived by learned AGP for respondent-State and by advocate for remaining respondents, private paper-book directed within one year; (iii) Interim Application No. 11705 of 2025 disposed of with interim stay in terms of prayer clause (b) subject to deposit of the entire award amount with interest as per the impugned order in the executing Court within 10 weeks, claimants permitted to withdraw 50% of the deposit on authenticated copy of the order and the balance 50% on Bank guarantee to the satisfaction of the executing Court.

Issue for consideration

Whether the delay in filing First Appeal (ST) No. 27097 of 2025 by the applicant (the acquiring body) should be condoned. +1 more

Court's answer

Delay in filing the first appeal is condoned and Interim Application No. 11704 of 2025 is allowed in terms of prayer clause (b); the Court accepts counsel's statement (made on instructions) that the entire award amount as per the impugned order will be deposited in the executing Court within 10 weeks.

Ratio / Principle

First Appeal (ST) No. 27097 of 2025 is admitted.

Key takeaways

Interim Application No. 11705 of 2025: interim stay in terms of prayer clause (b) is granted subject to the applicant depositing the entire award amount with interest as per the impugned order in the executing Court (counsel stated, on instructions, within 10 weeks).ratio¶42
The respondents (claimants) are permitted to withdraw 50% of the entire amount deposited by the applicant on production of the authenticated copy of the order; the balance 50% is permitted to be withdrawn on furnishing a Bank guarantee to the satisfaction of the executing Court.ratio¶43

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Gauri Godse, J.; order dated 18th September 2025) in First Appeal (ST) No. 27097 of 2025 with Interim Application Nos. 11704 and 11705 of 2025 — Central Railway, described in the order as the acquiring body, sought condonation of delay in filing its first appeal against an impugned order determining an award amount in favour of the legal representatives of the deceased claimant Narayan Hiru Patil. Counsel for the applicant stated, on instructions, that the entire award amount as per the impugned order would be deposited in the executing Court within 10 weeks; accepting this, the Court found no reason to disbelieve the grounds in the application, condoned the delay and allowed the application in terms of prayer clause (b), despite the respondents' advocate submitting that the reasons for delay were not sufficiently explained. The first appeal was admitted; records and proceedings were called for; printing was dispensed with; the learned AGP waived notice for the respondent-State and the remaining respondents' advocate waived notice; the appellant was directed to file a private paper-book within one year. On the stay application, an interim stay in terms of prayer clause (b) was granted subject to the applicant depositing the entire award amount with interest as per the impugned order, with the respondents (claimants) permitted to withdraw 50% of the deposited amount on production of the authenticated copy of the order and the balance 50% on furnishing a Bank guarantee to the satisfaction of the executing Court. Counsel: Ms. Leena Patil for the applicant; Ms. Manvi Sharma i/b Saurabh Butala for the respondents; Mr. D. J. Haldankar, AGP for the State.

6-IA-11704-2025.doc

MJ Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

FIRST APPEAL (ST) NO. 27097 OF 2025 WITH

INTERIM APPLICATION NO. 11704 OF 2025 WITH

Digitally signed byMANGALTAI MANGALTAI JAYWANT JAYWANT JADHAV JADHAV Date: 2025.09.20 11:37:51 +0530

INTERIM APPLICATION NO. 11705 OF 2025

IN

FIRST APPEAL (ST) NO. 27097 OF 2025

Central Railway … Applicant

Vs.

Narayan Hiru Patil Decs Through LRS … Respondents

Ms. Leena Patil for the Applicant.

Ms. Manvi Sharma i/b Saurabh Butala for the Respondents. Mr. D. J. Haldankar, AGP for the State.

CORAM : GAURI GODSE, J.

DATED : 18^th SEPTEMBER 2025

ORDER:

INTERIM APPLICATION NO. 11704 OF 2025

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

Learned counsel for the applicant submits that the reasons for

delay are explained in paragraphs 7, 8 and 9 of the application. She,

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on instructions, submits that the entire award amount as per the 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.

The respondents (claimants) are served and represented through advocate. She submits that she will file her vakalatnama on behalf of all the respondents. She submits that the reasons for delay are not sufficiently explained.

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. 27097 OF 2025

Admit.

Learned AGP waives notice for the respondent-State.

Learned advocate for the remaining respondents waives

notice.

Call for records and proceedings.

Printing is dispensed with.

Learned advocate for the appellant shall file private paper- Page no. 2 of 3

6-IA-11704-2025.doc

book within a period of one year from today.

INTERIM APPLICATION NO. 11705 OF 2025

Not on board. Taken on board.

This application is for seeking stay to the impugned order.

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.

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).

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.

Interim Application is disposed of in the aforesaid terms.

(GAURI GODSE, J.)

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