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Bombay High CourtCA/5841/2018delay condonatedrejected

Bhagyashree Narayan Latpate And ORS v. Union Of India Thr The General Manager, Secundrabad (A.P)

2022-02-18Hon'Ble Shri Justice Vinay Joshi2 pages

(1) ca5841.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO.5841 OF 2018 IN FAST/37736/2017 BHAGYASHREE NARAYAN LATPATE AND ORS

VERSUS

UNION OF INDIA THR THE GENERAL MANAGER, SECUNDRABAD (A.P) Mr. S. S. Gangakhedkar, Advocate for the applicants Mr. S. R. Shirsat, Advocate h/f Mr. S. S. Rathi, Advocate for the respondent CORAM:VINAY JOSHI, J.

DATE:18-02-2022 P. C.

.

Heard.

2.

The applicants are seeking for condonation of delay of 104 days caused in filing the first appeal thereby challenging the impugned judgment and order dated 11-05-2017 passed by Railway Claims Tribunal, Nagpur.

3.

The applicants' claim for compensation in railway accident has been rejected by the tribunal. 4.

Being aggrieved by the said decision the

(2) ca5841.18 applicants have preferred the appeal, however, there is delay.

5.

The learned counsel appearing for other side has objected for condonation of delay.

6.

The applicants have submitted that due to lack of communication and as the tribunal is at Nagpur, the applicants were not able to take expeditious steps to file appeal. These reasons are specifically set out in para Nos. 10 and 11 of the application.

7.

Considering the nature of litigation and the reasons stated for delay, there is no difficulty in accepting the applicants' stand. In view of that delay stands condoned. The application is allowed and disposed of.

8.

Office to verify and register the appeal.

[ VINAY JOSHI, J. ] VishalK/ca5841.18