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Bombay High CourtCA/9402/2024admittedallowedgrantedrule absolute

Vijaya Ashok Jibhkate And ANR v. Union Of India Through The General Manager Central Railway Mumbai And ORS.

2024-12-06Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) 35-CA-9402-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 CIVIL APPLICATION NO. 9402 OF 2024 IN FAST/18617/2024 Vijaya Ashok Jibhkate And Anr

VERSUS

Union Of India Through The General Manager Central Railway Mumbai And Ors.

...

Mr. Moisali A. Syed, Advocate for Applicant.

Mr. R. B. Bhosle for Respondent/sole.

CORAM : KISHORE C. SANT, J.

DATE : 6th DECEMBER 2024 PC :- 1.

This application is filed by original claimant whose railway accident claim petition came to be dismissed. 2.

In view of the same, application stands allowed by condoning the delay of 769 days.

3.

The applicant shall file specific undertaking/affidavit that the applicant shall not be entitled to claim any interest for the delayed period in case, the appeal is allowed and amount is enhanced. 4.

Application stands disposed off.

( 2 ) 35-CA-9402-2024 5.

Office to register the first appeal.

FIRST APPEAL 1.

Issue notice to the Respondents, returnable on 7th February 2025. 2.

Learned Advocate Mr.Bhosale waives service of notice for Respondent/sole.

[KISHORE C. SANT, J.] Ethape