Union Of India vs Mamani Das And 4 Ors
2023 Latest Caselaw 2684 Gua

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GAHC010144502023




                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

         Linked Case : I.A.(Civil)/1889/2023
                       In MFA No. 54/2023

         UNION OF INDIA
         REPRESENTED BY THE GENERAL MANAGER
         NF RAILWAY
         MALIGAON
         GUWAHATI 781011


          VERSUS

         MAMANI DAS AND 4 ORS.
         W/O LATE GAUTAM CHANDRA DAS

         RESIDET OF VILLAGE GERUAPARA
         NALBARI
         PS MUSALPUR
         DIST BAKSA
         ASSAM


         2:SRI NIBIR DAS.
         S/O LATE GAUTAM CHANDRA DAS
          RESIDET OF VILLAGE GERUAPARA
          NALBARI
          PS MUSALPUR
          DIST BAKSA
         ASSAM

         3:SRI BARNIL DAS
         S/O LATE GAUTAM CHANDRA DAS
         RESIDET OF VILLAGE GERUAPARA
         NALBARI
         PS MUSALPUR
         DIST BAKSA
                                                                             Page No.# 2/3

            ASSAM

            4:SMTI. ANIMA DAS
            MOTHER OF LATE GAUTAM CHANDRA DAS
            RESIDET OF VILLAGE GERUAPARA
            NALBARI
            PS MUSALPUR
            DIST BAKSA
            ASSAM

             5:SRI KAILASH CHANDRA DAS
            FATHER OF LATE GAUTAM CHANDRA DAS

            RESIDET OF VILLAGE GERUAPARA
            NALBARI
            PS MUSALPUR
            DIST BAKSA
            ASSAM
            ------------
            Advocate for : MR. K GOGOI
            Advocate for : appearing for MAMANI DAS AND 4 ORS.



                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

17-07-2023 Heard Shri K. Gogoi, learned CGC who by means of this application has prayed for stay of the operation of the judgment and order dated 28.03.2023 passed by the learned Member (Tribunal-I), Railway Claims Tribunal, Guwahati Bench, in OA No. OA(IIu)-2/2022.

The learned counsel has submitted that there are good grounds of appeal which is likely to succeed.

After hearing, this Court is of the opinion that the award being in connection with a death case, a blanket stay of the same may not serve the interest of justice.

Accordingly, it is directed that the impugned order dated 28.03.2023 passed by the learned Member (Tribunal-I), Railway Claims Tribunal, Guwahati Bench, in OA No. OA(IIu)-2/2022 shall remain suspended on the condition that 50% of the said be Page No.# 3/3

deposited in the Registry of this Court.

IA accordingly stands disposed of.

JUDGE

Comparing Assistant