Divisional Railway Manager, Central Railway, Nagpur v. Smt. Sheela Arjun Adbadiya And Others

caf4175.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.4175/2017 IN FIRST APPEAL ST. NO.21867/2017 Divisional Railway Manager, Central Railway, Nagpur ..vs.. Smt. Sheela Arjun Adbadiya and ors.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms Hanwante, Advocate for applicant.

Mr. Ghare, Advocate for non applicant no.2.

CORAM : V.M. DESHPANDE, J.

DATED : OCTOBER 9, 2018 Heard Ms Hanwante, learned counsel for applicant.

This is an application for condonation of delay in filing the appeal challenging the judgment and award passed by learned Commissioner under the Employees Compensation Act, 1st Labour Court, Nagpur in ECA Case No.F/09/2008. The delay is of 182 days. On 09.11.2017, notices on this application were issued and the non applicants are served. Mr.Ghare, Advocate appears for non applicant no.2. Though non applicant is served and is represented by an advocate, record shows that on 04.09.2018, when the matter was listed before this Court (Coram: Z.A.Haq, J.) non applicants remained absent. Therefore, the matter was adjourned to 18.09.2018. On the said day, at the request of the learned counsel Mr. Ghare, the matter was

caf4175.17.odt adjourned for today. Today, when the matter was called out, non applicant no.1 and her counsel are absent. Non applicants have not filed reply to the averments made on behalf by the Divisional Railway Manager, Central Railway, Nagpur.

In that view of the matter, the application is allowed. Delay of 162 days in filing the appeal is condoned.

The application is disposed of.

JUDGE kahale