1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NOs. 5666 & 5667 OF 2008 IN FIRST APPEAL st. NO. 26727 OF 2008 Union of India ........Applicants versus Kaushik Naginbhai Gandhi........ Respondent. Mr. Suresh Kumar adv. for the Applicants Mr. S. R. Gupte adv. for the respondent CORAM: A. P. DESHPANDE, J. DATED : 3rd APRIL, 2009. P.C.: 1. There is a delay of 108 days in filing the appeal by the Union of India, taking an exception to the award passed by the Railway Claims Tribunal, Bombay. For the reasons stated in the application the delay is condoned. 2. By consent stay application is taken up for hearing. 3. The learned counsel for the applicant submits that the applicant apprehends execution of the award and hence prays for stay. The award of compensation by the Railway Claims Tribunal is on account of the respondent having met with an accident while boarding a train resulting in both the legs of the respondent being amputed. The learned counsel for the 2 respondent submits that the respondent has no means of subsistance. The respondent is aged about 25 years and thus seeks orders to direct the applicant to deposit the amount of compensation and consequential permission to withdraw the same. Having regard to the facts and circumstances, I deem it appropriate to grant interim stay to the execution of the award subject to condition that the applicant/appellant deposits the entire amount of compensation in the trial court within a period of four weeks from today. The respondent is permitted to withdraw 50% of the amount so deposited in the trial court. The learned counsel for the respondent also submits that the respondent is unable to furnish security. Hence prays for permission to file an undertaking that in the event the applicant succeeds in the appeal, the respondent would remit the amount. In the result, respondent is permitted to withdraw 50% of the amount deposited by the appellant on furnishing an undertaking that in the event the appellant succeeds in the appeal respondent will bring back/remit the amount withdrawn by him within two weeks. (A. P. DESHPANDE, J.) 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL st. NO. 26727 OF 2008 Union of India ........Appellants versus Kaushik Naginbhai Gandhi........ Respondent. Mr. Suresh Kumar adv. for the Applicants Mr. S. R. Gupte adv. for the respondent CORAM: A. P. DESHPANDE, J. DATED : 3rd APRIL, 2009. P.C.: Admit. (A.P. Deshpande,J.)