Shri. Parsharam Kashinath ... vs Union Of India Through The General ...
2021 Latest Caselaw 7472 Bom

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           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION

              INTERIM APPLICATION (ST) NO. 4034 OF 2021
                                 IN
                    FIRST APPEAL NO. 109 OF 2021


Parashram S/o. Kashinath Matsagar & Anr.              ... Applicants
           Vs.
Union of India through the General Manager,
South Central Railway, Secunderabad                   ... Respondent

                                 ...........
Mr. Jitendra Vijay Patil for the Applicants.
Mr. Chetan Agrawal for the Respondent-UOI.
                                   ..........
                      CORAM: MADHAV J. JAMDAR, J.

(VACATION COURT)

DATE : 18th MAY, 2021.

(THROUGH VIDEO CONFERENCE)

P. C:-

1. This Application is taken out by the Applicants who are

original Respondents in the First Appeal. The Applicants are the

original claimants before the Railway Claims Tribunal. The First

Appeal is filed by the Respondent-Union of India challenging the

Judgment and Award of Railway Claims Tribunal, Mumbai Bench,

Mumbai, by which compensation of Rs. 4 lakhs was awarded to the

present Respondents.

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2. This Court by order dated 28th August, 2019 passed in Civil

Application No. 1667 of 2016 in First Appeal (ST) No. 31877 of

2015 granted stay to the execution of the impugned award on the

condition that Appellant deposits entire awarded amount with

accrued interest in this Court on or before 30 th September, 2019 and

granted liberty to the claimants to prefer an appropriate application

for withdrawal of the amount. It appears that thereafter the

Appellant-Union of India had deposited the said amount.

3. The present application is filed by the Applicants (Original

Respondents) for withdrawal of entire amount deposited by the

original Appellants.

4. The factual position on record as reflected in the Judgment

and Award of the Railway Claims Tribunal shows that the deceased

i.e. the unmarried son of the Applicants died in accident on 27 th

April, 2005. The Claim Application is filed on 17 th April, 2008 and

the same was decided on 17 th April, 2015. Thereafter, the present

First Appeal is filed on 23rd November, 2015 and by order dated 28 th

August, 2019 this Court admitted the First Appeal and granted stay

as mentioned hereinabove.

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5. It is mentioned in the application that Applicants are senior

citizens. The Applicant No.1 -father of the deceased is 75 years old

and the Applicant No.2-mother of the deceased is 73 years old. It is

mentioned in the application that the claimants are suffering

hardships in day to day life. It is stated that there is no source of

income to the Applicants. The said contentions are not controverted.

6. It is to be noted that above First Appeal came to be rejected as

there was conditional order passed on 28th August, 2019 directing

the Appellant to file private paper book within one year and the said

order is not complied. Mr. Chetan Agrawal who is appearing for the

original Appellant-Union of India states that due to pandemic the

said order could not be complied and he will file necessary

application as early as possible for restoration of First Appeal and

also file private paper book as directed.

7. In the meanwhile, for the reasons set out in the Interim

Application, the Applicants i.e. original Respondents/Claimants are

permitted to withdraw entire amount deposited by the original

Appellant in this Court with accrued interest. Registry is directed to

pay the said amount as early as possible and in any case, within a

period of one month from today, if all the formalities are complied

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by the Applicants including filing of undertaking as directed

hereinafter.

8. The Applicants are directed to file an undertaking in this

Court to the effect that if the above First Appeal is restored and the

same is allowed by setting aside the Judgment and Award dated 17 th

April, 2015 passed by the Railway Claims Tribunal, Mumbai Bench,

Mumbai, then they will deposit the entire amount with interest of

6% per annum in this Court or with the Appellant-Union of India.

9. The Interim Application is disposed of in above terms.

(MADHAV J. JAMDAR, J.)

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