Union of India v. Smti Manani Das and 4 Ors

ORDER

26.06.2024 Heard Shri K. Gogoi, learned CGC, who appears for the applicant in this review petition by which the review has been sought for with regard to the order dated 17.07.2023 passed in IA(C)/1889/2023 arising out of MFA/54/2023. It is submitted that while granting the interim order, there was a direction for deposit of 50% of the awarded amount. The learned CGC has referred to the provisions of Order XXVII Rule 8A of the CPC and has contended that the appellant being the Railways, which is exempted from making any deposit. The aforesaid point raised being pure point of law, this Court is of the view that a case for exercising the review powers are made out. Accordingly, the order dated 17.07.2022 has been reviewed and the condition for deposit of 50% Page No.# 3/3 which was attached for suspending the Award is removed. The review application accordingly stands allowed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010182402023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./107/2023o UNIONoOFoINDIAo REPRESENTEDoBYoGENERALoMANAGERo(CLAIMS),oN.F.oRAILWAY,o MALIGAON,oGUWAHATIo781001. VERSUSo SMTIoMANANIoDASoANDo4oORS.o W/OoLATEoGAUTAMoCHANDRAoDAS,oRESIDEToOFoVILLAGEoGERUAPARA,o NALBARI,oP.S.-oMUSALPUR,oDIST.oBAKSA,oASSAM,oPIN- 2:SRIoNIBIRoDAS. oS/OoLATEoGAUTAMoCHANDRAoDAS o RESIDEToOFoVILLAGEoGERUAPARA oNALBARI oPSoMUSALPUR oDISToBAKSA oASSAM 3:SRIoBARNILoDAS oS/OoLATEoGAUTAMoCHANDRAoDAS o RESIDEToOFoVILLAGEoGERUAPARA oNALBARI oPSoMUSALPUR oDISToBAKSA oASSAM 4:SMTI.oANIMAoDAS oMOTHERoOFoLATEoGAUTAMoCHANDRAoDAS Page No.# 2/3 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 ASSA Advocate for the Petitioner : MR. K GOGOI Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI