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Bombay High CourtCAF/623/2020delay condonatedrejected

Hasaji S/O Datta Dakore And Others v. Union Of India Through Its General Manager, South Central Railway, Secunderabad

2023-01-23Hon'Ble Justice Urmila Joshi Phalke1 pages

21 caf623.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.623/2020 AND FA ST.NO.11833/2019 Hasaji s/o Datta Dakore and ors ..vs..

Union of India, thr.its General Manager, SCR, Secunderabad ........................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................... Shri U.N.Jaiswal, Counsel for Applicants.

Ms N.Chaubey, Counsel for the Non-applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 23/01/2023 1.

This is an application for condonation of delay in preferring the first appeal. Delay is of 14 days. The application is filed by parents of deceased.

2.

The applicants were not are of legal provisions and, therefore, they could not contact Advocate and file appeal within time. The delay is not deliberate one.

3.

Learned counsel Ms N.Chaubey for the non-applicant opposes the application on the ground that the delay is intentional one.

4.

Considering claimants are parents of the deceased and old aged and ill-literate persons and were not aware about legal provisions and, therefore, the delay appears to be caused in filing the appeal.

5.

Hence, for the reasons stated in the application, the application is allowed the delay stands condoned. 6.

The record and proceedings be called for.

7.

The civil application is disposed of.

(URMILA JOSHI-PHALKE, J.) !! BrWankhede !!

by BHUSHAN RANA WANKHEDE Date: 2023.01.23 19:25:48 +0530 ...../- BHUSHAN RANA WANKHEDE