Partly allowed

Union of India v. Benudhar Barik

Orissa HC18 Oct 2017FAO/451/2016

Case brief

AI extract

What is this about?

The Court allowed an application for condonation of 89 days' delay filed by the Union of India. It subsequently disposed of the Principal Appeal by dismissing it and directed the appellant to deposit Rs. 4,00,000 with the Railway Claims Tribunal.

What did the court decide?

Application for condonation of delay allowed; Principal Appeal dismissed; Union of India directed to deposit Rs. 4,00,000 with the Railway Claims Tribunal.

Union of India Vs Benudhar Barik — Orissa HC (2017) — LawSathi Research

¶1

F.A.O. No.451 of 2016
Misc. Case No.762 of 2016

¶2

02. 18.10.2017 This is an application by the Union of India for condo
nation of delay of 89 days in filing the appeal.

¶3

 Considering the submissions made and the grounds taken
 in the application, the delay in filing the appeal is condoned subject to payment of cost of
Rs.900/-, to be paid to Sri P. K. Parhi, learned counsel appearing for the respondent nos.1 an
d 2, which is paid in Court today.

¶4

 Misc. Case is accordingly disposed of.

¶5

 F.A.O. No.451 of 2016
03. 18.10.2017 Though the matter was listed for orders, on the consen

¶6

t of the parties, the same is being taken up for final disposal.

¶7

 Heard learned counsel for the Union of India and learned couns

¶8

el for the respondents.

¶9

 This appeal by the Union of India is directed against the judg
ment/order dated 26.2.2016, passed by the Member (Judicial), Railway Claims Tribunal, Bhubanes
war, in O.A. No.026 of 2010, awarding an amount of Rs.4,00,000/- as compensation along with in
terest @6% per annum from the date of filing of the claim application, i.e. 29.1.2010, to be d
eposited within sixty days, failing which, interest @9% per annum shall be payable from the da
te of judgment, till realization.

¶10

 Considering the submissions made and keeping in view the findi
ngs of the learned Tribunal given in the impugned award and the reasons assigned in support of
 the same, no impropriety or illegality can be said to have been committed by the learned Trib
unal, so as to warrant any interference.

¶11

 The appellant-Union of India is directed to deposit th
e awarded compensation amount of Rs.4,00,000/- (Rupees Four lakhs) along with the interest @6%
 per annum from the date of filing of the claim application, i.e. 29.1.2010 with the learned T
ribunal within six weeks hence.

¶12

 F.A.O. is accordingly disposed of.
 Certified copy of this order be granted on payment of deficit
notarial fees.

¶13

 .
 S.C.Parija,
J.

¶14

Union of India v. Benudhar Barik

Case brief

What is this about?

What did the court decide?

Union of India v. Benudhar Barik

Case brief

What is this about?

What did the court decide?

What the court decided

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