Lalchand Triveni Soni And Anr vs Union Of India, Through General ...
2022 Latest Caselaw 2925 Bom

                                                         17-IA-1666-2022.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                INTERIM APPLICATION NO.1666 OF 2022
                                 IN
                   FIRST APPEAL NO.2236 OF 2011

Lalchand Triveni Soni & Anr.                                        ...Applicants

IN THE MATTER BETWEEN

Union of India                                                    ...Appellant
      Vs
Lalchand Triveni Soni & Anr.                                      ...Respondents
                                        ...

Mr. Shrishailya S. Deshmukh for the Applicants.

CORAM : SANDEEP K. SHINDE J.

DATE : MARCH 24, 2022.

P.C. :

The Union of India through the General Manager,

Western Railway, had preferred First Appeal No.2236 of 2011 against

the judgment and order dated 27 th October, 2009 passed by the

Railway Claims Tribunal, Mumbai Branch, Mumbai.

2 Mr. Deshmukh, learned counsel for the

applicants/claimants, has brought to my notice conditional order

Shivgan 1/2

17-IA-1666-2022.odt

dated 13th September, 2012 by which the appellant was directed to

file paper-book within six weeks. It appears that, the appellant has

not complied with the said order. In consequence, appeal stood

dismissed in October, 2012. This application is moved by the

respondents seeking leave to withdraw the compensation amount

deposited by the appellant in the Registry of this Court.

3 In consideration of the facts of the case, although the

appearance of the advocate, Mr. Tripathi representing Union of India

is shown, he is not present.

4 In that view of the matter, application is allowed and

made absolute in terms of prayer clause (a).

5 Interim Application is disposed of accordingly.

                                               (SANDEEP K. SHINDE, J.)




Shivgan                                                                          2/2