Vishwanath Gopinath Gadekar v. Union Of India, Thr General Manager, Central Railway Cst., Mumbai

13317.17CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO.13317 OF 2017 IN FIRST APPEAL [STAMP] NO.20725 OF 2017 VISHWANATH GOPINATH GADEKAR

VERSUS

UNION OF INDIA ...

Mr.Ashutosh Sisodiya, Advocate holding for Mr.Vishnu Madan Patil, Advocate for the applicant.

Mr.M.N.Navandar, Advocate for the sole respondent. ...

CORAM : V. K. JADHAV, J.

DATED : 01.09.2021 PER COURT :

1] Heard. Issue notice to the respondent. Learned counsel Mr.M.N.Navandar waives notice for sole respondent. 2] There is delay of 232 days caused in preferring the Appeal. The impugned order was passed on 11.04.2016. However, learned counsel for the applicant was not aware about the said impugned order as he remained absent before the Tribunal. Learned counsel submits that after getting the knowledge about the impugned order, immediately he applied for certified copy of the impugned order and same was received on 02.08.2016. Learned submits that thus the delay is occurred in preferring the appeal. Learned counsel submits that

13317.17CA.odt the delay is not intentional one and the applicant was prevented from sufficient cause to prefer appeal within limitation. 3] Learned counsel for the respondent - sole submits that there is no objection to condone the delay, which is delayed by 232 days.

4] In view of above and for the reasons stated in the application, application is allowed in terms of prayer clause-B. Accordingly, Civil Application is disposed of. [V. K. JADHAV, J.] DDC