Smt. Saralabai Wd/O Dilip Patil v. Union Of India, Through The General Manager, Central Railway, Mumbai Cst

1 CA 2145.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (F) No.2145/2019 In First Appeal St. No.17477/2018 (Smt. Sarlabai Patil V Union of India) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------- Shri P.R. Agrawal, Adv for appellant.

Shri Nitin Lambat, Adv for respondent.

CORAM : S.M. MODAK, J.

DATE : 11-12-2020.

The Railway Claims Tribunal as per the judgment dated 29-08-2017, was pleased to dismiss the claim petition of the claimant. The correctness is challenged on behalf of the applicant. Earlier the applicant was told that she was required to pay Court fee, if at all the appeal has to be preferred. At that time, she was short of money. Later on, it was told to her that the appeal can be filed on a Court fee of 25/-, in view of the decision of the ♢ْ Division Bench.

2.

The condonation of delay is opposed by learned Advocate Shri Lambat for the respondent.

3.

The reasons are convincing. The applicant is ready to waive the interest for the period condoned. The litigant is entitled to take benefit of the latest interpretation given by this Court. Hence, the order :

O R D E R

(a) Delay of 239 days caused in preferring an appeal is condoned, subject to waiver of the interest for that period. (b) Application is disposed of.

2 CA 2145.19 First Appeal No. /2020 Heard.

Admit.

Call for the R and P.

Issue notice to respondent.

Learned Advocate Shri Lambat, waives notice for the respondent.

The appellant to give copies to the respondent. (S.M. Modak, J.) Deshmukh