Bhagrthabai Ramkrishna Kogade And ORS v. Union Of India, Thr G.M. Central Railway, C.S.T., Mumbai

{1} 944 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 944 CIVIL APPLICATION NO. 3837 OF 2016 IN FAST/7682/2016 BHAGRTHABAI RAMKRISHNA KOGADE AND ORS

VERSUS

UNION OF INDIA, THR G.M. CENTRAL RAILWAY, C.S.T., MUMBAI ...

Advocate for Applicants : Vishnu B. Madan Adv. for Respondents: Mr. M.N. Navandar CORAM : K.K. SONAWANE, J.

DATE : 29th September, 2017.

PER COURT:

Heard learned counsel for the applicant and learned counsel for the respondent Union of India. Perused the application and findings recorded by the learned Railway Tribunal. It has been submitted that there is a delay of 158 days for filing the first appeal against the impugned judgment and award of the Railway Tribunal. The delay was caused due to unavoidable circumstances. Hence, the learned counsel prayed to condone the delay.

2] Learned counsel for the respondent Union of India fairy submitted that just and suitable orders be passed in the interest of justice. 3] In view of nature of subject matter as well as reasons mentioned in the application I do not find any impediment to condone the delay. It would not cause any injustice or prejudice to the respondent - Central Railway, but it would subserve the purpose of substantial justice. An opportunity needs to be given to the applicant to ventilate its grievances.

{2} 944 sr.no..odt Hence, the application stands allowed in terms of prayer clause (B). So called delay of 158 days caused for filing the first appeal is hereby condoned. Registry to take requisite steps for further process. On registration of appeal issue notice to respondents. The learned counsel for the respondent Shri Navandar waives notice for sole respondent. Call for R.& P. from the concerned Railway Tribunal. After compliance of formalities of print appeal be listed for final hearing on merit in due course.

[K.K. SONAWANE] JUDGE.

grt/-