Ganesh Pandey @ Ganesh Pandit v. The Union Of India Through The General Manager, E. Railway, Kolkata

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.351 of 2014 ====================================================== Ganesh Pandey @ Ganesh Pandit .... .... Appellant/s

Versus

The Union of India Through The General Manager, E. Railway, Kolkata .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Kumod Kumar Shrivastawa, Advocate For the Respondent/s : Mr. Mahesh Prasad, Advocate Mr. Anil Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-07-2017 Heard learned counsel for the parties.

I.A. No.1027 of 2015 is a petition under Section 5 of the Limitation Act. There is delay of about two years and three months in filing of this appeal. The order of the Railway Tribunal dated 16.03.2012 was challenged by filing of this appeal on 16.06.2014.

In the petition the appellant has simply stated that due to depression and mental disease the delay has occurred in filing of this appeal. No material has been brought to substantiate the delay. Hence, in my view, the delay has not satisfactorily been explained. Accordingly, this appeal is dismissed as barred by limitation.

(Birendra Kumar, J) Mkr./- U T