Narayan S/O Onkarsingh Pure And Another v. Union Of India Through General Manager, Central Railway, C.S.T. Mumbai

2024:BHC-NAG:6928 14.cao.700.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.700 OF 2024 IN M.C.A. ST. NO.7625 OF 2024 IN FIRST APPEAL ST. NO.15790 OF 2021 Narayan S/o Onkarsingh Pure and another .Vs. The Union of India Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri P.U. Kavishwar, Advocate for appellants/applicants. Ms Neerja Choubey, Advocate for respondent.

CORAM : SANJAY A. DESHMUKH, J.

DATED : 03/07/2024 1.

This is an application for condonation of delay of 539 days caused in filing restoration application. 2.

The appeal was dismissed for non-removing of office objections. The learned advocate for the applicants did not comply the direction therefore, the order of dismissal was passed.

3.

Heard learned advocates for both the side.

4.

For the reasons stated in the application, the application is allowed in the interest of justice. 5.

If the accident is occurred after 01.01.2017, the appellants will not be entitled for interest of that delayed period.

6.

Civil application is disposed of accordingly. C.L. Dhakate

14.cao.700.24.odt MISC. CIVIL APPLICATION ST. NO.7625 OF 2024 7.

This is an application for restoration of appeal as dismissed for non-removing of office objections. 8.

For the reasons stated in the application, the application is allowed in the interest of justice. 9.

The appeal is restored to its original file.

10.

Civil application is disposed of accordingly. FIRST APPEAL ST. NO.15790 OF 2021 11.

Issue notice to the respondents, returnable after four weeks.

12.

Ms Choubey, learned advocate waives notice for the respondent.

13.

Call record and proceedings.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate