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2023 Supreme(Jhk) 325

SANJAY KUMAR DWIVEDI
Union of India – Appellant
Versus
Sanjay Kumar Gupta @ Sanjay Gupta, son of late Vijay Kumar Gupta @ Vijay Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sunil Kumar, Advocate.
For the Respondent:Mr. Amritansh Vats, Mr. Kunal Priyam, Ms Rashmi Kumari, Advocate.

JUDGMENT :

Heard Mr. Sunil Kumar, learned counsel appearing for the appellant and Mr. Amritansh Vats, learned counsel appearing for the sole-respondent.

2. This appeal has been filed challenging the validity and legality of the judgment dated 23.08.2013, passed by the Railway Claims Tribunal, Ranchi Bench, Ranchi, in Case No. TAU/RNC/2005/2017, whereby and whereunder the claim was decreed to the tune of Rs. 4,00,000/-, out of which, Rs. 1,00,000/- was to be paid to Divynashu Gupta, as he is in custody of the applicant Sanjay Kumar Gupta and the rest amount of Rs. 3,00,000/- may be kept in the fixed deposit for five years on monthly interest scheme for taking care of the monthly expenses of the applicant/respondent.

3. The claim application was originally filed by Anjali Gupta, wife of Vijay Kumar Gupta (deceased). Subsequently, by way of amendment petition and in view of the fact that said Anjali Gupta was no longer interest in claim, the said claim was given to her brother-in-law (Sanjay Kumar Gupta) and her son Divyanshu Gupta, as the said Anjali Gupta remarried and her daughter is in her custody and her son Divyanshu Gupta is in the care of Sanjay Kumar Gupta (her elder brother-in-

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