Bombay High CourtCAF/1991/2019admittedallwdgrantedrule absolute

Shivram S/O Ramchand Titirmare And Another v. Union Of India Through The General Manager, South East Central Railway, Bilaspur

2020-01-07Hon'Ble Shri Justice Avinash G. Gharote2 pages

19.CAF.1991.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.1991 OF 2019 IN FIRST APPEAL STAMP NO.23216 OF 2018 Shivram S/o Ramchand Titarmare and another.

Vs.

Union of India through General Manager South East Central Railway, Bilaspur. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. H. Pathade, Advocate for applicants.

Shri Deoul Pathak, Advocate h/f Shri S. V. Puruhit, Advocate for nonapplicant. CORAM : AVINASH G. GHAROTE, J.

DATE : JANUARY 07, .

This is an application for condonation of delay of 218 days in filing of the present appeal against the judgment and award passed by the Railway Claims Tribunal, Nagpur on 29.11.2017.

The claim before the Railway Claims Tribunal was in respect of the demise the appellants' son in a railway accident dated 29.01.2015. The deceased son of the appellants was 24 years old at that point of time. It is contended that the appellants did not have sufficient funds to pay the Court Fees on the appeal. However, considering the matter is in respect of the demise of the appellants' son, the delay of 218 days is condoned in spite of the learned counsel for the respondents opposition. The application is therefore allowed. Office is directed to register the appeal. Shri S. V. Purohit, learned counsel appearing for

19.CAF.1991.19 the respondents sole states that on instructions to appear on merits in the appeal. The statement is recorded and accepted. Place the matter for further consideration on 06.02.2020.

JUDGE Sarkate