Mr.Jeevaram S/O. Annaji Parmar And ANR. v. Union Of India, Thr. General Manager, Western Railway, Mumbai

18-asia-4077-2021-fast-19240-2021.doc rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4077 OF 2021 IN FIRST APPEAL(ST) NO. 19240 OF 2021 Mr. Jeevaram s/o Annaji Parmar & Anr .....Applicant/Appellant V/s.

Union of India, thr General Manager Western Railway, Mumbai .....Respondents Mr Vasant N More, Advocate for the Applicant/Appellant. Mr Dheer Sampat i/b T.J. Pandian, Advocate for the Respondent. CORAM : GAURI GODSE, J.

DATE :

st October, 2022.

P.C.

Interim Application No. 4077 of 2021 1.

This Application is filed for condonation of delay of 1 year, 7 months and 15 days in filing the First Appeal. First Appeal is filed by the Original Claimant for challenging the dismissal of her Application O.A. No. (IIU)/MCC/1010/2015 by the Railway Claims Tribunal at Mumbai.

2.

Mr Sampat appearing for the Respondent waives service of this Application. Considering the reasons set out in the Application, the Application is allowed in Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.10.24 12:56:23 +0530 terms of prayer clause(a) which reads thus RAJESHWARI RAMESH PILLAI 1/2

18-asia-4077-2021-fast-19240-2021.doc (a) That the delay of 1 year, 7 months and 15 days in filing the present First Appeal challenging the order passed by the learned Railway Claims Tribunal Mumbai Bench in (IIU)/MCC/ 1010/2015.

First Appeal (St) No. 19240 of 2021 1.

Considering the facts of the case and the nature of the claim it will be necessary in the interest of justice to decide the First Appeal finally at the admission stage. Both learned counsel agree that the Appeal can be disposed of finally at admission stage on the basis of private paper book. 2.

The learned Advocate for the Appellant states that he will file the private paper book containing the entire record of the tribunal. 3.

Liberty is granted to the Appellant to file private paper book within a period of four weeks from today. The Appellant to serve a copy of the First Appeal compilation and private paper book on the learned Advocate for Respondent. 4.

Place the First Appeal for directions on 25 th November 2022.

[GAURI GODSE, J.] 2/2