Mr. Mohamed Abdul Shaikh And ANR v. Union Of India Through The Chairman

16-CAF-4494-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4494 OF 2018 IN CIVIL APPLICATION NO. 1506 OF 2010 IN FIRST APPEAL (ST) NO. 9929 OF 2010 Mohammed Abdul Shaikh & Anr.

...Applicants

Versus

Union of India through the Chairman, Central Railway, Mumbai

...Respondent

************ Mr. Kuldip Singh for Applicant.

Mr. T.J. Pandian a/w Adv. T. C. Subramanian, for Respondent. TALLE SHUBHAM ASHOKRAO ************ CORAM : M.M. SATHAYE, J.

TALLE SHUBHAM ASHOKRAO Date: 2023.11.28 19:52:23 +0530 DATED : 28th NOVEMBER, 2023 P.C. :

1.

This is an Application for Restoration of above First Appeal, which was dismissed pursuant to Conditional Order dated 01.03.2011. Apparently there is delay of 3 years and 294 days in filing this Application. Though Mr. Pandian, appearing for Respondent has opposed the Application, no reply is filed till date. 2.

The matter is arising out of compensation payable to Applicants under Section 16 of the Railways Claims Tribunal Act, 1987 for death of deceased Fatima Mohamed Shaikh. The Applicants claim to be dependents of the deceased. The Application / Appeal was dismissed due to technical reason of not filing affidavit of service Shubham Talle

16-CAF-4494-2018.doc in stipulated time.

3.

Considering the aforesaid facts and circumstances and also considering the averments in the Civil Application, sufficient cause is made out.

4.

Hence the Application is allowed in terms of prayer clause [a-1] and [a]. Delay is condoned. The above First Appeal is restored to the file.

5.

Place the above First Appeal under caption of final hearing on 06.12.2023.

6.

of this order.

(M.M. SATHAYE, J.) Shubham Talle