Smt. Tara Wd/O Suresh Ghangare And Another v. Union Of India, Through The General Manager, North Central Railway, Allahabad

Order 33CAF3390.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3390/2019 IN FIRST APPEAL (ST) NO. 863/2019 Smt. Tara wd/o Suresh Ghangare & ors.

-VERSUSUnion 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 R. S. Charpe, Advocate for applicant.

Shri N. P. Lambat, ASGI for sole respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 18.01. 2021.

By this application, the applicant has sought for condonation of delay of 487 days in challenging the judgment dated 16.06.2017 passed by the Railway Accidents Claims Tribunal, Nagpur in O.A. (llu)/NGP/2014/0009.

2.

Learned ASGI for the the sole respondent has opposed the application on the ground that no sufficient ground has been made out.

3.

I have perused the records and considered

Order 33CAF3390.19 the submissions advanced by the learned counsel for the respective parties. The applicants claim to be the dependants of Suresh Ghangare who died in accident. The applicants have stated that they are unemployed and have no income. They were unable to file the appeal within time due to financial constraints. The delay has not occassioned due to the negligence of the applicants. Furthermore, the applicants cannot be attributed with want of bonafides.

4.

The reasons stated in the application, in my considered view constitute sufficient grounds. Hence, delay is condoned.

5.

Application stands disposed of.

6.

Appeal be registered after removing office objection, if any.

7.

Learned ASGI waives service of notice on behalf of sole respondent.

8.

Appeal be listed for admission after two weeks.

(SMT. ANUJA PRABHUDESSAI, J.) Gohane.