J.B.PARDIWALA, J. - (1.) This application has been notified by the registry under the caption "For Orders".
(2.) It appears that the opponent herein had preferred an appeal under Section 23 of the Railway Claims Tribunal Act, 1987, against the judgment and order passed by the Railway Claims Tribunal, Ahmedabad Bench at Ahmedabad. The said appeal came to be allowed by this Court vide judgement and order dated 27.08.2018. While allowing the appeal filed by the original claimant, this Court observed as under: "In view of the decision of the Supreme Court in the case of Rathi Menon v. Union of India , reported in 2001 WBLR SC 515, I hold that the Tribunal, having rejected the application for compensation, the appellant is entitled to compensation in terms of the amended rule. For the reasons aforesaid, I quash and set- aside the impugned judgment and order passed by the Railway Claims Tribunal, Ahmedabad Bench at Ahmedabad and allow the claim application by directing that the appellant shall be entitled to compensation in a sum of Rs.8 lac with interest at the rate of 7.5% per annum from the date of lodging of the claim application before the Tribunal till the date of payment. The compensation awarded by this Court together with interest shall be paid by the respondent by issuing an account payee cheque in favour of the appellant. Such cheque shall be deposited in the office of the Registrar General of this Court within two months, whereupon the appellant shall be entitled to collect the same from the Registrar General upon proving his identity and in accordance with law. However, as pointed out by the learned counsel appearing for the appellant, his client would not be entitled to clam interest for the period of delay which he had waived at the time when the delay condonation application was allowed."
(3.) Later, the Union of India preferred review application being dissatisfied with the order passed by this Court awarding compensation in the sum of Rs.8 lakh with interest @ 7.5% per annum. However, in the said review application, there was a delay and therefore, a delay application was also filed. Inadvertently, without condoning the delay, this Court passed the following order on 25.01.2019: "No case is made out for review or clarification of the judgment and order passed by this Court dated 27th August 2018 in the First Appeal No.3078 of 2018. This application is, accordingly, rejected." ;