Chandrakala Bhaskar Kurhade And ORS v. Union Of India

9-CA-6274-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.6274 OF 2019 IN FAST/20104/2018 CHANDRAKALA BHASKAR KURHADE AND OTHERS

VERSUS

UNION OF INDIA ...

Advocate for Applicants : Shri Vishnu B. Madan Advocate for Respondent : Shri M. N. Nawandar ...

CORAM : B. U. DEBADWAR, J.

DATE : 18th JANUARY, 2021 PER COURT :

1.

Heard Shri V. B. Madan, learned advocate for the applicant and Shri M. N. Nawandar, learned advocate for the sole respondent.

2.

This is an application for condonation of delay of 101 days caused in preferring appeal against judgment and order dated 13-12-2017, passed by the learned Railway Claims Tribunal, Nagpur in OA (IIU)/NGP/2015/0321, whereby the claim is rejected. 3.

In paragraph 3 of the application the grounds of delay have been set out. According to Shri V. B. Madan, learned advocate, the grounds set out in paragraph 3 of the application are sufficient to condone the delay of 101 days, whereas according to Shri Nawandar, learned advocate, the said are not at all sufficient to condone the delay.

SVH

9-CA-6274-19.odt 4.

Having regard to the facts of the claim before tribunal and grounds set out in paragraph 3 of the application, it cannot be said that the delay was either intentional or due to negligence of the applicants.

5.

In view of the above, application is allowed. Delay of 101 days caused in preferring appeal is condoned. 6.

Appeal be registered if it stands in scrutiny. (B. U. DEBADWAR, J.) SVH