Nagarbai W/O Digamber Gandhakwad And Others v. Union Of India Thr. Its General Manager, Western Railway, Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO.2869 OF 2024 IN FIRST APPEAL ST NO.18137 OF 2024 NAGARBAI W/O DIGAMBER GANDHAKWAD AND OTHERS VS UNION OF INDIA THR. ITS GENERAL MANAGER, WESTERN RAILWAY, MUMBAI ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. D.S. Lambat, Advocate for the appellant/s Ms Neerja Chaubey, Advocate for the respondent -------------------------------

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : 21 st January, 2025 1.

Heard rival submissions.

2.

The applicants/claimants are seeking condonation of delay of 2159 days in filing first appeal against the judgment dated 02.08.2016 passed by the learned Railway Claims Tribunal, Nagpur.

3.

The learned counsel for the respondent strongly opposed the application on the ground that the delay is inordinate and not explained properly. 4.

However, considering the statutory rights of the applicants and for the reasons stated in the application, the aforesaid period of delay stands condoned, subject to cost of Rs.3,000/- to be paid to the Vidharbha Lady Lawyers' Association, Nagpur, within two weeks. 5.

It is made clear that the applicants/claimants shall not claim any interest on the enhanced amount of nd.thawre

compensation for the aforesaid period of delay, if granted. 6.

The application is disposed of.

FIRST APPEAL ST NO.18137 OF 2024 7.

Call for the R & P.

8.

Mr. Chaubey, learned counsel waives service of notice for the respondent in the appeal also. (SANDIPKUMAR C. MORE, J.) nd.thawre