Citation : 2023 Latest Caselaw 14149 Ori
Judgement Date : 10 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.493 of 2023
Himanshu Sethi and Others .... Appellants
Mr. Satyaban Sahoo, Advocate
-versus-
Union of India, represented through its
General Manager, East Coast Railway,
Bhubaneswar and Another .... Respondents
Ms. B. Tripathy, Central Government Counsel
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
10.11.2023 Order No.
I.A. No.896 of 2023
01. 1. The matter is taken up through Hybrid mode.
2. Heard Mr. S. Sahoo, learned counsel for the claimant - Appellant and Ms. B. Tripathy, Central Government Counsel for Respondent - Union of India.
3. Upon hearing both parties and considering the grounds mentioned in the limitation application, the delay in filing the appeal is condoned.
4. The I.A. is disposed of.
FAO No.493 of 2023
02. 5. It is submitted on behalf of the Appellants that challenge in the present appeal against the direction of keeping 90% of the
compensation amount in fixed deposit is covered by a similar judgment of this court.
6. It is admitted by both parties that the challenge in the present appeal is squarely covered by the decision of this Court rendered in FAO No.262 of 2020 and batch, disposed of on 9 th September, 2021.
7. Accordingly, present appeal is disposed of in terms of the principles decided in said decision of this Court with a direction to disburse entire compensation amount in favour of the claimants by keeping 50% of the amount fall due to the share of each claimant in fixed deposits in their names in any Nationalized bank for a period of five years.
8. With aforesaid observation and direction, the FAO is disposed of.
9. Urgent certified copy of this order be granted on proper application.
( B.P. Routray) Judge
M.K. Panda
Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack
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