Rashtrapal S/O Dilip Paithane And Another v. Union Of India Thr General Manager, South Central Railway, Secunderabad(A.P.)

1 / 3 7.caf897.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 897 OF 2025 IN FIRST APPEAL (ST) NO. 21828 OF 2024 Rashtrapal s/o Dilip Paithane and anr.

Vs.

Union of India, Thru. General Manager, Central Railway, Secunderabad ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. N.R. Mankar, Advocate for applicant.

Ms. Neerja G. Chaubey, Advocate for non-applicant. CORAM : SHYAM C. CHANDAK, J.

DATE : 26.06.2025.

Heard.

2.

Present application seeking condonation of 687 days delay in filing the aforesaid appeal against the judgment and order dated 02.09.2022, in Claim Application No.O.A.(IIU)/NGP/56/2019 passed by the learned Railway Claims Tribunal, Nagpur.

3.

The learned counsel for the applicants submits that the applicants are children of the deceased, who died in the railway accident. The

2 / 3 7.caf897.2025 applicants are poor. They do labour for their livelihood, by working at different places. The applicants are not much literate. Therefore, the applicants could not file the appeal in time. The learned counsel for the applicants submits that the applicants have good case on merit, therefore, the delay may be condoned.

4.

The learned counsel for the non-applicant has opposed the application.

5.

Considering the submissions made by the learned counsel for the applicants and the nature of the case, the applicants deserves a chance of hearing in the appeal.

6.

In view thereof, the application is allowed.

7.

The delay of 687 days in filing the appeal, is condoned.

8.

The application stands disposed of accordingly.

9.

Appeal be registered.

3 / 3 7.caf897.2025 First Appeal (ST) No.21828/2024 Heard.

2.

Issue notice to the non-applicants, returnable on 14.07.2025.

3.

Ms. Neerja Chaubey, learned counsel waives service of notice on behalf of non-applicant. (SHYAM C. CHANDAK, J.)