-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 781 OF 1992 APPEAL NO. 781 OF 1992 APPEAL NO. 781 OF 1992 The Union of India......... ... Appellant. Versus Shyam Pan Bhandar............ .... Respondent. Mr. A. N. Samant for the Appellant. Mr. Khadolkar with Mr.R.V.Govilkar for the Respondent. CORAM CORAM CORAM : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. DATED DATED DATED : 6TH DECEMBER, 2005. : 6TH DECEMBER, 2005. : 6TH DECEMBER, 2005. P.C. P.C. P.C. : : : Heard learned Counsel for the parties. 2. This is an appeal filed by the General Manager, Central Railway against the order passed by the Vice Chairman (Judicial) of Railway Claims Tribunal in Original Application No. 203 of 1990 whereby the appellant herein have been ordered to pay Rs.4,468/- -: 2 :- to the respondent herein with interest at the rate of 12 per cent per annum from the date of filing of the suit till realisation and proportionate costs. 3. All contentions raised by the learned Counsel appearing for the appellant herein has been considered and decided in a similar case being First Appeal No. 1136 of 1992 (Union of India v/s M/s.Eknath Khemchand) (Union of India v/s M/s.Eknath Khemchand) (Union of India v/s M/s.Eknath Khemchand) decided by the Honourable Shri Justice D. G. Deshpande by an order passed on 6th May, 2005. Based on that the present appeal can also be disposed of. In view of this and considering the fact and circumstances of the present case, as it is similarly situated, and also looking to the small involvement of monetary claim in the matter, the following order is passed: O R D E R R D E R R D E R (a) appeal is partly allowed. The liability of payment will be of General Manager, Central Railway Zone. The principal amount awarded shall carry interest at the rate of 4% p.a. from the date of the application till deposit. The amount, that is deposited, if -: 3 :- found in excess after the aforesaid calculation shall be refunded / returned to the Central Railway / Appellant. (b) The respondents shall be at liberty to withdraw the amount as per the calculation. (c) The first appeal is disposed of, accordingly. There shall be no order as to costs. Sd/- (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) -: 4 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO. 2804 OF 2002 APPLICATION NO. 2804 OF 2002 APPLICATION NO. 2804 OF 2002 IN IN IN FIRST FIRST FIRST APPEAL NO. 781 OF 1992 APPEAL NO. 781 OF 1992 APPEAL NO. 781 OF 1992 The Union of India......... ... Appellant. Versus Shyam Pan Bhandar............ .... Respondent. Mr. A. N. Samant for the Appellant. Mr. Khadolkar with Mr.R.V.Govilkar for the Respondent. CORAM CORAM CORAM : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. : ANOOP V. MOHTA, J. DATED DATED DATED : 6TH DECEMBER, 2005. : 6TH DECEMBER, 2005. : 6TH DECEMBER, 2005. P.C. P.C. P.C. : : : In view of the order passed in the First Appeal, this Civil Application is disposed of. -: 5 :- Sd/- (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)