Central Railway, through the Deputy Chief Engineer (Construction) v. Dattu @ Dattatray Pandurang Patil, Since Deceased through Legal Heirs Raghunath D. Patil and Anr.
Case brief
What is this about?
Conditional stay of land acquisition compensation award; Central Railway (appellant/applicant) vs Dattu @ Dattatray Pandurang Patil (deceased) through LRs and Another; deposit of entire decretal amount with accrued interest in Reference Court within 10 weeks, failing which appeal stands dismissed; withdrawal of compensation against Solvent Surety / Bank Guarantee after hearing by Reference Court; fallback Fixed Deposit in Nationalized Bank if not withdrawn within three months; Bombay High Court, Civil Appellate Jurisdiction; Sharmila U. Deshmukh, J.; order dated January 13, 2025; IA No. 400 of 2025 in First Appeal (St.) No. 31168 of 2024 in L.A.R. No. 373 of 2019; impugned judgment and award dated 7th March, 2024; no statutes or precedent cases cited.
What did the court decide?
Stay of the impugned judgment and award dated 7th March, 2024, conditional on deposit of the entire decretal amount with accrued interest in the Reference Court within 10 weeks (failure to deposit would result in the Appeal standing dismissed); upon deposit, the original claimant may withdraw compensation against a Solvent Surety / Bank Guarantee, failing withdrawal within three months the deposit to be placed in Fixed Deposit.