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2025 DAILYLAW 30880 (BOM)

SHAHURAO RAJARAM MASKE v. UNION OF INDIA THROUGH GENERAL MANAGER

CA/11209/2025 · 2025-10-13

Shri Kishore C Sant

body2025

Judgment text

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( 1 ) ca11209.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 42 CIVIL APPLICATION NO. 11209 OF 2025 IN FA/2747/2025 SHAHURAO RAJARAM MASKE VERSUS UNION OF INDIA THROUGH GENERAL MANAGER WITH CIVIL APPLICATION NO. 8799 OF 2023 IN FA/2747/2025 UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY, CST, MUMBAI AND ORS VERSUS SHAHURAO RAJARAM MASKE Mr. S.R.Shirsat, Advocate for the applicant-claimant. Mr. Nitin S. Salunke, Advocate for respondent-Union of India. CORAM : KISHORE C. SANT, J. DATE : 13.10.2025 PC :- CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 01. Heard learned Advocate for the appellant and learned Advocate for the respondent. 02. This application is filed by the original claimant for withdrawal of the amount deposited in this Court by the Union of India as per impugned judgment and award along with interest. 03. Application is vehemently opposed by the learned Advocate for the respondent. Learned Advocate for the applicant relies upon an order passed by this Court in similar matters dated 07.07.2022 in CA No. 2025:BHC-AUG:29111 ( 2 ) ca11209.25 8275 of 2023 in FA No. 7605 of 2024, arising out of same acquisition proceeding. This Court finds that since already other applicants/claimants are allowed to withdraw entire deposited amount, there is no reason appearing not to allow present application. 04. Present application is, therefore, allowed. The applicants are permitted to withdraw entire amount deposited in this Court along with accrued interest on furnishing usual undertaking. 05. The Civil Application is accordingly allowed and disposed off. CIVIL APPLICATION FOR STAY 01. Since the amount is already deposited in the office of this Court, there shall be stay to the impugned judgment and award till final disposal of the appeal. 02. The Civil Application for stay is accordingly allowed and is disposed off. [KISHORE C. SANT, J.] snk/2025/Oct25/ca11209.25