Union Of India Through The General Manager, v. Shri. Parsharam Kashinath Matsagar And ANR.

11.1666.16-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1666/2016 in First Appeal (ST) No.31877/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Jyoti Agrawal a/w. Pravin Mengane I/b. Chetan C. Agrawal for the Applicant CORAM: K.K.TATED, J.

DATED : AUGUST 28, 2019 P.C.

Heard. The learned counsel for the Applicant submits that the Respondents are duly served. She has filed Affidavit of Service dated 23.08.2019 which is on record. In spite of that none appeared for the Respondents.

By this Civil Application, the Applicant Union of India is seeking condonation of 77 days delay in filing the First Appeal challenging the judgment and award dated 17.04.2015 passed by the Railway Claims Tribunal, Mumbai in Application No.OA No.398/2008 holding that the Respondent-Claimant is entitled to sum of Rs.4 lacs by way of compensation.

Basavraj G. Patil 1/2

11.1666.16-caf.odt Considering the submissions made by the learned counsel for the Applicant and the averments made in the Civil Application, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

Delay in filing the First Appeal is condoned.

b.

The Civil Application stands disposed of accordingly.

c.

No order as to costs.

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