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Bombay High CourtCAF/459/2021delay condonatedrejected

Kasturabai Wd/O Baburao Padame And Others v. Union Of India Through The General Manager, Central Railway, Cst Mumbai

2021-02-25Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 54 caf 459.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 459 OF 2021 IN FIRST APPEAL NO. OF 2021 Kasturabai wd/o Baburao Padame and ors.

..vs..

Union of India, thr. the General Manager - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.G. Bagul, Advocate h/f Ms. Salma Sheikh, Advocate for Applicants/Appellants.

Shri Z.S. Shekhani, Advocate h/f Shri R.G. Agrawal, Advocate for Respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 25/02/2021 1.

By this application, the applicants/appellants has sought to condone the delay of 1198 days in filing appeal against the judgment and award dated 03.08.2017 passed by Railway Claims Tribunal in Claim Application No. OA(IIu)/NGP/2015/0284.

2.

Learned Counsel for the respondent opposes the application on the ground that no sufficient cause is made out by the Applicants for condoning the delay.

3.

I have perused the record and considered the submissions advanced by learned Counsel for the respective parties. The Applicants are the laborers. They have stated that they were not aware about the decision of their Claim Application as they were unable to contact to the lawyer and further, due to COVID-19 pandemic they were unable to take steps to

2 54 caf 459.2021 file appeal within time.

4.

Considering the reasons stated in the application, delay is condoned. Civil Application stands disposed of accordingly.

FIRST APPEAL NO. __________ OF 2021 Leave granted to the Appellant to place on record the notes of evidence.

2.

Considering the narrow controversy involved in the matter, the parties are put to notice that an endevour will be made to disposed of the matter finally at the stage of admission.

3.

Call for the Records and Proceedings.

4.

Stand over to four weeks.

JUDGE Trupti