Aattam S/O Suryabhan Ingole And ANR v. The Union Of India, Thr The General Manager, Central Railways, Mumbai And Others

905-CA-8102 & 906

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 8102 OF 2021 IN FIRST APPEAL (ST) NO. 8209 OF 2021 PRABHAKAR SAHEBRAO VEER AND ANOTHER

VERSUS

THE UNION OF INDIA AND OTHERS AND 906 CIVIL APPLICATION NO. 8103 OF 2021 IN FIRST APPEAL (ST) NO. 2760 OF 2021 WITH CA/8104/2021 IN FAST/2904/2021 AATTAM S/O SURYABHAN INGOLE AND ANOTHER

VERSUS

THE UNION OF INDIA THR THE GENERAL MANAGER CENTRAL RAILWAYS MUMBAI AND OTHERS ...

Mr. K.D. Khade - Advocate for Applicants Mr. S.W. Munde - Advocate for Respondent Nos.1 and 2 Mr. B.V. Virdhe, Mr. S.N. Kendre - AGP for Respondent No.3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st April, 2023 PER COURT :

1.

The learned standing counsel for respondent - The Union of India - Mr. S.W. Munde waives service of notice for respondent Nos. 1 and 2.

2.

Learned A.G.P. waives service of notice for respondent No.3.

Pooja K.

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905-CA-8102 & 906 3.

Heard rival submissions.

4.

The respective applicants are seeking condonation of delay of 139 days in these applications, which appear to be caused due to their poor financial condition. 5.

The learned counsel for the respondent nos.1 and 2 and learned A.G.P. strongly opposed the application on the ground that, delay is not properly explained.

6.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay of 139 days in these applications stands condoned, subject to condition that the applicants shall not claim any interest for the period of aforesaid delay.

7.

The appeals be placed for admission after removal of office objections, if any.

8.

The applications are accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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