Mr. Shaikh Mahemood S/O Sheikh Hakimaji And Others v. Union Of India, Thr. The General Manager, Central Railway, Mumbai

2024:BHC-NAG:5344 1 6.caf.1327.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1327 OF 2024 IN FIRST APPEAL (ST.) NO. 6956 OF 2024 Mr Shaikh Mahemood S/o. Sheikh Hakimji and others .VS.

Union of India _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr R. G. Bagul, Advocate for the appellants Ms Neerja Chaubey, Advocate for respondent CORAM :

G.A. SANAP, J.

DATE :

MAY 06, 2024.

Heard learned Advocate for the appellants and the learned Advocate for the respondent/non-applicant. Perused the record and proceedings.

2.

This is an application for condonation of 1905 days caused in filing the appeal. The reasons have been stated in the application for delay in filing the appeal against the impugned judgment and order. It is seen that the reasons are mostly attributable to the Advocate representing the appellants. The claim for compensation filed by the appellants was under beneficial piece of legislation. There was a delay in filing the claim. The application for condonation of delay made by the

2 6.caf.1327.2024 appellants/claimants was rejected by the Tribunal. Against said order the appeal has been filed. 3.

On going through the record and proceedings and more particularly the reasons stated in he application, I am of the opinion that the appellants deserve a chance. The adjudication of their grievance, on merits, in my view, would be necessary to serve the cause of justice.

4.

Accordingly, the application is allowed subject to costs of Rs.1000/- (Rs. One thousand only). Costs be paid to Vidarbha Lady Lawyer's Association, Nagpur. 5.

Delay of 1905 days caused in filing the appeal stands condoned.

6.

Appeal be registered.

F IRST APPEAL (ST.) NO. 6956 OF 2024 7.

Learned Advocate Ms Neerja Chaubey waives service of notice on behalf of respondent.

8.

Call for record and proceedings.

(G. A. SANAP, J.) Namrata