Mr. Arumuga Durai Thavashi v. Union Of India Through The General Manager,

59.1781.16-caf.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.1781/2016 in First Appeal (ST) No.34168/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Shrishailya S. Deshmukh for the Applicant Mr. N. D. Sharma for the Respondent CORAM: K.K.TATED, J.

DATED : AUGUST 13, 2019 P.C.

Heard. This Application is for condonation of 196 days delay in preferring the appeal challenging the judgment and award dated 21.01.2015 passed by the Railway Claims Tribunal, Mumbai in claim application No.OA/1276/2012 dismissing the Applicant's claim application for Rs.4 lacs.

The learned counsel for the Respondent has vehemently opposed the Civil Application for condonation of delay.

Basavraj G. Patil 1/2

59.1781.16-caf.odt Though the Civil Application was served on the Respondent they failed and neglected to file Affidavit in Reply till today.

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.

5.

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