Soma S/O Nago Baisane And Another v. Union Of India Thr. The General Manager, Western Railway, Churchgate, Mumbai

1 caf 2350.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.2350/2019 in First Appeal St No.24740/2018 (Soma Baisane and another V Union of India) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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, Adv for appellants.

Shri N.P. Lambat, Adv for respondent.

CORAM : S.M. MODAK, J.

DATE : 18-12-2020.

There is a delay of 936 days. It is strongly opposed on behalf of the respondent. There are reasons given in the application. The litigants should not suffer on account of inaction on the part of the earlier advocate. The claimants are the residents of Dhule whereas, the learned Advocate representing them is from Ahmadabad. The reasons are convincing. If there is an occasion to grant interest, then claimants are ready to waive the interest. Hence, the order :-

O R D E R

(a) The delay of 936 days in preferring an appeal is condoned, subject to waiver of interest for that period, if any. (b) Application is disposed of.

First Appeal No. /2020 Heard.

Issue notice for final disposal to the respondents. Shri Lambat, learned Advocate waives notice for the respondent.

Call R and P.

2 caf 2350.2020 The respondent be supplied with necessary copies. Matter be kept after receipt of R and P.

(S.M. Modak, J.) Deshmukh