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Bombay High CourtCAF/869/2024ca disposed off

Bhikabai Gyanba Pakhare And Others v. Union Of India Through Its General Manager, Central Railway, Csmt, Mumbai

2024-03-14Hon'Ble Shri Justice Anil L. Pansare2 pages

2024:BHC-NAG:3146 1 caf 869.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Civil Application (CAF) No. 869 of 2024 in First Appeal St.

No.

22438 of 20 [Bhikabai Gyanba Pakhare and ors. ..vs.. Union of India, through its General Manager, Central Railway, Mumbai] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Priya A. Thakur, Advocate for the applicants/appellants CORAM : ANIL L. PANSARE J .

DATED : 14-03 -202 By present application, the applicants are seeking to condone delay of 8 days in filing appeal against the judgment dated 20-7-2023 passed by Railway Claims Tribunal, Nagpur in Claim Application No. OA(llu)NGP/63/2022.

Learned counsel for the applicants submits that application for certified copy was submitted on 24-7-2023 and certified copy was delivered on 31-7-2023. She submits that it took seven days to get certified copy. The appeal ought to have been filed within 90 + 7 days i.e. on or before 25-10-2023. The appeal, however, has been filed on 31-10-2023. Thus, there occurred delay of 6 days. This delay has occurred because of mistakes in calculating the limitation period.

2 caf 869.2024.odt In view of the above and for the reasons set out in the application, trivial delay of 6 days is condoned. The appeal be registered and processed in accordance with the rules.

(Anil L. Pansare, J.) wasnik