Shri.Shobnath Harinandan And ORS. v. Union Of India Thr.The General Manager,

77.1359.19-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1359/2019 with First Appeal (ST) No.8185/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Kuldeep Singh for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 13, 2019 P.C.

Heard. This Application is for condonation of 705 days delay in preferring the appeal challenging the judgment and award dated 08.04.2015 passed by the Railway Claims Tribunal, Mumbai in claim application No.OA74/2010 dismissing the Applicant's claim petition for sum of Rs.4 lacs.

The learned counsel for the Applicant submits that the Applicants are illiterate and they are very poor.

Therefore, there is delay in filing the First Appeal challenging the impugned judgment and award. He submits that they have good chance of success in the matter. He submits that in the interest Basavraj G. Patil 1/2

77.1359.19-caf.odt of justice, this Hon'ble Court be pleased to condone the delay in filing the First Appeal and matter be heard on merits.

Bare reading of the Civil Application shows that the Applicant has failed and neglected to show sufficient cause for condonation of delay of 705 days. The Civil Application is filed in casual manner. The question of illiteracy and financial crisis cannot be a ground for condonation of delay.

Considering these facts, I do not find any substance in the Civil Application.

Hence, the Civil Application stands rejected.

In view thereof, the registration of the First Appeal stands rejected.

(K.K.TATED, J.) Basavraj G. Patil 2/2