Mr. Shamji Kala Babaniya And ANR. v. Union Of India Through General Manager, Western Railway

49 caf2558-17.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2558 OF 2017 IN FIRST APPEAL (ST.) NO.31554 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.T.J.Mendon for the applicant CORAM : K. K. TATED, J DATE : APRIL 30, 2019 P.C.:

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Heard.

Though Respondents are duly served, no one appeared on behalf of him when the matter was called out.

By this Civil Application, Applicant original Claimant is seeking condonation of 142 days delay in filing First Appeal challenging the judgment and award dated 28.1.2015 passed by Railway Claims Tribunal, Mumbai Bench, Mumbai in Claim Application Mohite 1/2

49 caf2558-17.doc No.OA(IIu)/MCC/2011/0366.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as both the Claimants are Senior Citizen, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, the following order:

a) Delay in filing First Appeal is condoned.

b) Civil application stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2