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Bombay High CourtCAF/507/2019admittedallwdgrantedrule absolute

Rajendra S/O Uttamrao Chawan And Another v. Union Of India, Through The General Manager, Central Railway Cst

2019-02-15Hon'Ble Shri Justice A.S. Chandurkar2 pages

933-CAF-507-19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.507 OF 2019 IN FIRST APPEAL ST. NO.857 OF 2019 Rajendra s/o Uttamrao Chawan and anr.

-vs- Union of India, thr. General Manager, Central Railway, Mumbai CST ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

Shri A. B. Bambal, Advocate for applicant/Appellant. Shri N. P. Lambat, Advocate for respondent.

CORAM : A.S.CHANDURKAR, J.

DATE : February 15, 2019 Prayer is to condone delay in filing the first appeal. The reasons for the cause of delay are mentioned in paragraphs 5 to 9 of the application.

The prayer is opposed by the non-applicant by filing reply. It has been stated that the reasons mentioned are not sufficient.

On perusing the reasons mentioned in the civil application, it can be seen that from May 2016 to March 2018 the applicants did not contact their counsel. In that view of the matter, delay in filing the appeal is condoned subject to the applicants not being entitled for interest on the amount of compensation if awarded for the period from 10/02/2016 to 17/01/2019. Delay stands condoned on aforesaid terms.

Civil Application is disposed of.

933-CAF-507-19 2/2 First Appeal St. No.357 of 2019 Issue notice for final disposal of the appeal, returnable on 08/03/2019.

Shri N. P. Lambat, learned counsel waives notice on behalf of the respondent.

Call for record and proceedings in the meanwhile. JUDGE Asmita