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Bombay High CourtCAF/3369/2019delay condonatedrejected

Shri Vijay S/O Mahadeorao Mahinde v. Union Of India, Through The General Manager, Central Railway, C.S.T Mumbai

2021-01-18Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Order 31CAF3369.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 3369/2019 IN FIRST APPEAL (ST) NO. 10711/2019 Shri Vijay S/o Mahadeorao Mahinde -VERSUSUnion of India Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court's or Judge's Orders or directions and Registrar'

s orders.

Shri K. U. Fule, Advocate for applicant.

Shri N. P. Lambat, ASGI for sole respondent.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 18.01. 2021.

This is an application for condonation of delay of 320 days in filing appeal against the judgment and award dated 19.03.2018 passed by the Railway Claims Tribunal, Nagpur in Claim Application No. O.A. (IIU)/NGP/2014/0282.

2.

Learned ASGI for the sole respondent has opposed the application on the ground that no sufficient ground has been made out.

3.

I perused the records and considered the submission advanced by the learned counsel for the

Order 31CAF3369.19 respective parties. It is seen that applicant has sustained 100% disability. It is stated that he was unable to perform his duties as well as he lost his job and that he was unable to file appeal within limitation period due to financial constraint.

4.

The reasons stated in the application, in my considered view constitute sufficient grounds for condonation of delay. Hence, delay is condoned. 5.

Application stands disposed of.

6.

Appeal be registered after removing office objection, if any.

7.

Learned ASGI waives service of notice on behalf of sole respondent.

8.

Appeal may be listed for admission after two weeks.

(SMT. ANUJA PRABHUDESSAI, J.) Gohane.