The Union of India and anr. Vs. Sri Tapan Kumar Roy - Court Judgment

Excerpt:

the court :- this application is admitted by condoning delay, as in my opinion sufficient cause has been shown. it appears that claim nos. 1, 2 and 3 were awarded in their entirety to the respondent on the basis of admission made by the railways. such portion of the award has not even been challenged in this application. therefore, i give liberty to the award-holder/respondent to proceed with execution in respect of the above portion of the award, if the railways do not pay the said awarded sum, (without interest) within one month from the date of communication of this order. the petitioner may proceed with the application, subject to the above condition. list this application after the long vacation. urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

Judgment:

The Court :- This application is admitted by condoning delay, as in my opinion sufficient cause has been shown. It appears that claim nos. 1, 2 and 3 were awarded in their entirety to the respondent on the basis of admission made by the railways. Such portion of the award has not even been challenged in this application.

Therefore, I give liberty to the award-holder/respondent to proceed with execution in respect of the above portion of the award, if the railways do not pay the said awarded sum, (without interest) within one month from the date of communication of this order. The petitioner may proceed with the application, subject to the above condition.

List this application after the long vacation. Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.