Shri. Subhash S/O Baburao Dhoke And Others v. Union Of India, Thr. General Manager, Central Railway, Cst, Mumbai And Others

2024:BHC-NAG:7559 1 15-CAF No.1246.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1246 OF 2023 IN FIRST APPEAL (ST.) NO. 8188 OF 2023 Subhash S/o Baburao Dhoke and another ..VS..

Union of India through General Manager, Central Railway, CST, Mumbai --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. P. Behar, Advocate for applicants/appellants. Mr. C.J. Dhumane, Advocate for respondent.

CORAM : SANJAY A. DESHMUKH, J.

DATED : 16 th JULY, 2024 1.

This is an application for condonation of delay of 2357 days caused for filing first appeal.

2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Learned Advocate for the respondent strongly opposed the application.

5.

Considering the reasons stated in the application, the application is allowed. Delay of 2357 days caused for filing first appeal is condoned. However, it is clarified that if the appeal is allowed, the appellants will not be entitled the interest of delayed period as per the judgment passed in New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma, reported in 2022(16) Scale 653.

6.

The application is disposed of.

2 15-CAF No.1246.2023 FIRST APPEAL (ST.) NO. 8188 OF 2023 1.

Heard.

2.

Admit.

3.

Mr. C. J. Dhumane, learned Advocate waives service of notice on behalf of respondent.

4.

Call for record and proceedings.

5.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) Kirtak