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Bombay High CourtCAF/3368/2019delay condonatedrejected

Mr. Vilas S/O Hari Herode And Another v. Union Of India, Through General Manager, Central Railway, Mumbai (Cst)

2022-01-19Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 18 caf 3368-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 3368 OF 2019 IN FIRST APPEAL STAMP NO. 10714 OF 2019 Ms. Vilas S/o Hari Herode and another ..vs..

Union of India, through General Manager, Central Railway, Mumbai (CST) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms U.A. Bhattad, Advocate for applicants Shri P.S. Khubalkar, Advocate for respondent CORAM :

SMT. ANUJA PRABHUDESSAI , J.

DATED :

19/01/ Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

By this application, the applicant has sought to condone the delay of 547 days in filing the appeal under Section 23 of the Railway Claims Tribunal Act. 3.

The application is opposed on the ground that no sufficient cause is made out.

4.

The applicants are illiterate persons residing in remote area. Considering the said fact and the reasons stated in paragraph no.3 of the application, which in my considered view constitute sufficient ground, the delay is condoned.

5.

Application stands disposed of.

6.

Appeal be registered.

2 18 caf 3368-2019 FIRST APPEAL STAMP NO. 10714 OF 2019 Heard.

2.

ADMIT.

3.

Call for the record and proceedings.

4.

Considering the narrow controversy involved, filing of paper book is dispensed with.

5.

Shri P.S. Khubalkar, learned Counsel waives notice on behalf of the respondent.

6.

Matter be listed for final hearing on 14/02/2022.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE