Shri.Vijay Dhondu Khopde v. Union Of India Through General Manager Western Railway

SIDDHARAM MASHAL Date: 2022.09.14 16:58:47 +0530 IRESH SIDDHARAM MASHAL 5-ia-2013-2019-rc-1115-2018.doc Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2013 OF 2019 IN REJECTED CASE NO. 1115 OF 2018 Shri Vijay Dhondu Khopde .....Applicant V/s.

Union of India through General Manager Western Railway .....Respondent Ms. Anita Gavkar i/b Mr. Vaneet Khosla Advocate for the Applicant. None for the Respondent.

CORAM : GAURI GODSE, J.

DATE :

12th September, 2022.

P.C.

1.

This is an Application for setting aside the order dated 2nd May 2018 passed by the Registrar ( Judicial - II). By the said order, conditional time was granted for removal of all office objections. The order was not complied with. Hence, the Appeal stood rejected.

2.

Learned advocate for the Applicant states that the objections will be removed within period of one week from today. This Appeal is filed by original claimant whose claim Application is dismissed by the Railway Claims 1/2

5-ia-2013-2019-rc-1115-2018.doc Tribunal.

3.

Considering the grounds made out in the Application, Application is allowed in terms of prayer clause (a) and (b) which read thus: "(a) That this Hon'ble Court be pleased to condone the delay of 529 days in the Removal of the Office Objection's, from Order dt: 02-05-2018 passed by the Hon'ble Registrar and be pleased to set aside the order and further Restore the First Appeal in the interest of Justice.

(b) Hon'ble Court be pleased to condone the delay of 529 days in filing the present application."

4.

Applicant to remove all office objections within period of 2 weeks from today.

Civil Application No. 306 of 2021:

1.

It appears that Applicant has filed one more Application being Civil Application No. 306 of 2021. Interim Application No. 2013 of 2019 for same relief is allowed by me today. Hence, this Application is dismissed being infructuous.

[GAURI GODSE, J.] 2/2