Mohamed Abdul Shaikh And ANR v. Union Of India

6-CAF-1506-2010.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1506 OF 2010 IN /WITH FIRST APPEAL (ST) NO. 9929 OF 2010 YUGANDHARA SHARAD PATIL Mohamed Abdul Shaikh and Anr.

...Applicants/Org.

Appellants-Claimants by YUGANDHARA SHARAD PATIL Date:

2023.12.08 11:04:48 +0530

Versus

Union of India through the General Manager, Central Railway, Mumbai.

...Respondent

****** Mr. Kuldip Singh a/w Mr. N.D. Pandey, Advocate for the Applicants/Original Appellants.

Mr. T.J. Pandian a/w Gautam Modanwal, Advocate for the Respondent.

****** CORAM: M.M.SATHAYE J.

DATE : 6th DECEMBER, 2023 P.C. :

1.

This is an Application by the Applicants- original claimants for condonation of delay of 300 days in filing the above First Appeal. Learned counsel for the Applicants urged that the Appeal arise out of claim for compensation of death of Applicant's family member in a railway accident. He submits that only issue of interest is agitated in the appeal.

2.

Learned counsel for the Respondent-Railway has Yugandhara Patil 1 /2

6-CAF-1506-2010.odt opposed condonation of delay. It is submitted that the amount awarded under the impugned order is already paid over to the Applicants-Claimants and delay is inordinate. 3.

Considering the extent of delay and averments in the Application and considering that no reply is filed till date, sufficient cause is made out. This Application is therefore allowed in terms of prayer clause (a). Delay is condoned. Appeal be numbered. Civil Application is disposed of accordingly.

4.

Place the above Appeal under the caption of 'final disposal' on 22.01.2024.

5.

All concerned to act upon authenticated or digitally signed copy of this order.

[M.M.SATHAYE,J.] Yugandhara Patil 2 /2