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Bombay High CourtMCA/603/2022allowed

Sunita Wd/O Rupesh @ Rupeshkumar Meshram And 2 Others v. Union Of India Through Its General Manager, South East Central Railway, Bilaspur

2023-04-06Hon'Ble Justice Urmila Joshi Phalke2 pages

53mca603.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 603/2022 IN R.C. NO. 240/2017 (FA ST. NO. 23001/2016) Sunita Wd/o Rupesh @ Rupeshkumar Meshram And 2 Others Vs Union of India Thr. Its General Manager, Bilaspur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. U.H.Jaiswal counsel for the applicants.

Ms N.G. Chaubey, counsel for the non-applicant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 06/04/ 3.

1.

This is an application for restoration of the first appeal.

2.

Learned counsel Ms. N.G.Chaubey, waives service of notice on behalf of the non-applicant. 3.

The appeal is dismissed by Registrar (Judicial) as the office objections are not removed.

4.

As per the contention of the applicants that the order of Registrar (Judicial) was not noted inadvertently, and therefore, the office objections are not removed. 5.

As the claimants have claimed the compensation under the beneficial legislation, a liberal approach is to be adopted and opportunities to be granted to the claimants to cause their litigation on merits. rkn

53mca603.22.odt 6.

On removal of the office objections within a period of two weeks, the appeal is restored to its original stage.

7.

In view of that, the civil application is allowed. JUDGE Signed By:RAJESH K NANDURKAR rkn