1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. C.A.NO.1126 OF 2009 IN F.A.NO.1162 OF 2007 Western Coalfields Ltd. .. .vs.. Vitthal Sambha Papde. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's directions and Registrar's order. orders. -------------------------------------------------------------------------------------------------------------------------- Mr.A.Mehadia, Advocate for the appellant. Coram : C.L.PANGARKAR, J. Dated : 6th August 2009. Heard learned counsel for the appellant as well as respondent. This appeal is filed against the award passed by the Special Tribunal constituted under Coal Bearing Areas (Acquisition and Development) Act, 1957. While passing the award the court had awarded interest under Section 17(3) of the Coal Bering Areas Act and the Western Coalfields has challenged the same. Learned counsel for the respondent brought to my notice a decision rendered by this court in First Appeal No.166 of 1996 decided on 08/05/2009. By 2 this judgment, this court has held that claimants are entitled to interest under Section 17(3) of the Coal Bearing Areas Act, 1957 and in view of this, decision this appeal cannot be admitted. It is dismissed in limine. In view of the fact that the appeal has been dismissed in limine, the respondent is entitled to withdrawal of the amount. The amount be paid to the respondent. JUDGE. chute