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Bombay High CourtCAF/2447/2025allowed

Mrs. Ashvini Wd/O. Sayalu Halde And Others v. Union Of India Thr. General Manager, South Central Railway, Secunderabad

2025-08-08Hon'Ble Shri Justice Abhay J. Mantri1 pages

1 26caf2447.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 2447 OF 2025 IN FIRST APPEAL STAMP NO. 9424 OF 2025 (Mrs. Ashvini wd/o Sayalu Halde and ors Vs. 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. K.U. Fule, Advocate for applicants.

Ms. Neerja Chaubey, Advocate for non-applicant. CORAM : ABHAY J. MANTRI, J.

DATED : 08-08-2025 Heard.

2.

The applicants have filed this application to condone the delay of 1048 days caused in preferring the appeal on the ground that the applicants are indigent. The breadwinner died in the accident, and this being a beneficial legislation, the application may be allowed. The learned counsel for the non-applicant has objected to the same.

3.

Having considered the reasons disclosed in the application and the fact that the bread winner of the family died in the accident, the financial condition of the applicants is indigent and in view of the beneficial legislation, I am of the view, that delay is required to be condoned subject to payment of cost of Rs. 3,000/- to be paid to Vidarbha Lady Lawyers' Association, Nagpur, as requested by learned counsel for non-applicant.

4.

In view of the above, the application is allowed. Delay is condoned subject to a cost of Rs. 3,000/- to be paid to Vidarbha Lady Lawyers' Association, Nagpur, within two weeks. On payment of the costs, the appeal is to be registered.

5.

List the matter on 29.08.2025.

(ABHAY J. MANTRI, J.) Belkhede