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Bombay High CourtCA/141/2025admittedallowedgrantedrule absolute

Sushilabai Kantrao Lale And ANR v. Union Of India Through The General Manager Central Railway Mumbai

2025-01-09Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

{1} 931 sr.no.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 141 OF 2025 IN FAST/30580/2024 SUSHILABAI KANTRAO LALE AND ANR ....Applicant

VERSUS

UNION OF INDIA THROUGH THE GENERAL MANAGER CENTRAL RAILWAY MUMBAI .....Respondent .....

Advocate for Applicant : Mr. Syed Moisali Amjedali Advocate for Respondents : Mr. Adv Ravi Raosaheb Bangar For R/1 (note Of Appearance Filed) CORAM : S.G. CHAPALGAONKAR, J.

DATE : 9TH JANUARY, 2025.

P.C. :- By this application, the applicant seeks to condone the delay of 879 days caused in filing appeal. The applicant's husband who was original claimant in M.A.C.P. No. 273 of 2009, expired on 4.1.2020. The family was suffering from economic duress. The applicant is rustic lady and not aware about the procedure of law. She was not even advised to file proceeding.

2.

The contents of the application are not controverted by filing affidavit in reply.

{2} 931 sr.no.odt 3.

Considering submissions advanced and reasons stated in the application, it is clear that claimants are litigating for getting just compensation towards the death claim of their son. Sufficient cause is made out to allow the application. As such, application is allowed. Delay is condoned. Appeal be registered subject to removal of office objections.

[S.G. CHAPALGAONKAR, J] grt/-