Bombay High CourtCAF/689/2019admittedallwdgrantedrule absolute

Smt. Meerabai Wd/O Arjun Gawande And Others v. Union Of India Through General Manager, Central Railway, Cst Mumbai

2019-03-13Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

1303caf689.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.689/2019 IN FIRST APPEAL ST. NO.17220/2018 Smt. Meerabai wd/o Arjun Gawande and others ...Versus...

Union of India, through General Manager, Central Railway, CST Mumbai - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.G. Bagul, Counsel for applicants Shri N.P. Lambat, Counsel for respondent CORAM : ARUN D. UPADHYE, J.

DATE : 13/03/2019 Heard.

Perused the application. There is a delay of 396 days caused in filing the first appeal.

The learned Counsel for the respondent has objected for condoning the delay.

Having heard the learned Counsel for the parties and having gone through the contents of the application, I find that sufficient cause is made out for condoning the delay. Hence, the delay caused in filing the first appeal is condoned. However, the applicants will not be entitled for the interest on the delay period, in case the first appeal is allowed.

1303caf689.19.odt The civil application is allowed and disposed of accordingly. No order as to costs.

FIRST APPEAL ST. NO.17220/2018 Heard.

ADMIT.

Call for record and proceedings.

Learned Counsel Shri Nitin Lambat waives service of notice for the respondent.

JUDGE Wadkar, P.S.