Deputy Chief Engineer (Construction) Central Railway, Ajani, Nagpur v. Shri Narendra Janaraoji Yengde And Others

27 CAF-2229-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C IVIL APPLICATION (F) NO.2229 OF 2022 IN FIRST APPEAL (ST) NO.6890 OF 2020 {Deputy Chief Engineer ..Vrs.. Shri. Narendra Janraoji Yengde and Ors.} ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri V. M. Gadkari, Advocate for the Applicant/Appellant. Shri A. Deshpande, Advocate for the Respondent No.1. Shri A. M. Kadukar, AGP for the Respondents No.2 and 3. CORAM : ABHAY AHUJA, J.

DATE : 6 th OCTOBER , 202 2 .

.

By this application, the Appellant/Railway is seeking to deposit the entire amount of compensation in this Court. 2.

Let the amount of compensation be deposited within a period of one week from today. The civil application accordingly stands disposed.

CIVIL APPLICATION (F) NO.494 OF 2021.

3.

This is an application seeking condonation of delay of 345 days in challenging the judgment and order dated 09.05.2019, passed by the Joint Civil Judge Senior Division, Wardha, in LAC No.100 of 2013.

4.

Learned counsel appearing for the Appellant draws the attention of this Court to paragraphs 2 to 5 of the application in support of his contention to condone the delay. He would submit that although the certified copy of the impugned judgment has been obtained on 12.06.2019, however, major

27 CAF-2229-2022 part of the delay has been caused as it took time to obtain opinion from the Panel Advocate, after which, a decision was taken by the Head Office, which informed its Legal Department in Nagpur to file an appeal, and therefore, the delay.

5.

It is observed that no details of how the file moved from the date of the receipt of certified copy to the Legal Department at Nagpur to file an appeal. Organizations such as the Railways should specifically explain with particulars the delay of a period of one year and not just give a general description of what activities were done.

6.

Let an additional affidavit be filed with specific particulars explaining the delay from the date of receipt of the certified copy of the impugned judgment till the filing of this appeal within a period of three weeks with an advance copy to other side. List the matter on 14.11.2022.

(JUDGE) TAMBE ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE