← Library
Bombay High CourtCAF/768/2023delay condonatedrejected

Manisha Wd/O. Gautam Nikam And Others v. Union Of India, Through General Manager, Central Railway, Mumbai

2023-04-03Hon'Ble Justice Urmila Joshi Phalke2 pages

1 / 2 37-CAF 768.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 768 OF 2023 IN FIRST APPEAL (STAMP) NO. 752 OF 2023 Manisha wd/o Gautam Nikam and others vs.

Union of India ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

---------------------------------------------------------------------------------------------- Shri. Deven S. Lambat, Advocate for applicant. Smt. M. P. Munshi, Advocate for sole respondent. CORAM : URMILA JOSHI-PHALKE J.

DATE : 03/04/2023 This is an application seeking condonation of delay of 95 days, which is caused in preferring the appeal against the judgment and award dated 24/06/2022, passed by the Railway Accident Claims Tribunal, Nagpur. As per the contention of the applicants due to financial constrain, they could not file appeal within time. 2.

Said application is strongly opposed by learned Advocate Smt. Munshi on the ground that delay is not properly explained.

KOLHE

2 / 2 37-CAF 768.2023 3.

In view of the reason mentioned in the application, the same is allowed. The delay is hereby condoned.

4.

Application is disposed of.

5.

Appeal be registered.

FIRST APPEAL NO. OF 2023 Heard 2.

Admit.

3.

Smt. Munshi, learned Advocate waives notice on behalf of sole respondent.

4.

Call for Record and Proceedings.

5.

Appeal be placed before the Court after receipt of the Record and Proceedings.

[ URMILA JOSHI-PHALKE J. ] CHANDRAKANT KOLHE 10:17 KOLHE