Gandas S/O Hiramal (Caste) Barela And Others v. Union Of India, Thr. General Manager, Central Railway, Mumbai

0510caf2845.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.2845 OF 2017 IN FIRST APPEAL ST. NO.12925 OF 2017 (Gandas s/o Hiramal (Caste) Barelal and others vs. Union of India) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Ms. S.V. Salwankar, Advocate for applicants.

Shri Z.S. Shekhani, Advocate for respondent.

-------- CORAM : P.N. DESHMUKH, J.

DATED : OCTOBER 5, 2017 Heard learned Counsel for the parties.

This application is filed by applicants/ appellants for condonation of 169 days' delay caused in preferring first appeal.

Ms. Salwankar, learned Counsel for applicants, has submitted that applicants belong to poor family doing labour work in agricultural field and were dependent upon deceased Virendra, who died in the accident. According to applicants, they could not prefer appeal within stipulated period due to financial crunch and as such, prays for condonation of delay.

Shri Shekhani, learned Counsel for respondent, has strongly opposed the application contending that no sufficient ground is put forth for condonation of delay.

In view of submissions advanced as aforesaid and having considered subject matter of appeal wherein challenge is to dismissal of claim by Railway Claims

0510caf2845.17 2/2 Tribunal, delay is condoned in the interest of justice. The application is accordingly allowed.

FIRST APPEAL ST. NO. 12925 of 2017 Heard learned Counsel for the parties.

Admit.

Shri Shekhani, learned Counsel waives notice for respondent.

Call R & P.

JUDGE khj