← Library
Bombay High CourtCAF/4261/2019delay condonatedrejected

Kisan S/O Baliram Pokale And Another v. Union Of India, Thr. General Manager, Central Railway, Cst Mumbai

2021-01-15Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

1 8 caf 4261.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 4261 OF 2019 IN FIRST APPEAL NO. __________ OF 2021 Kisan s/o Baliram Pokale and anr.

..VS..

Union of India, thr. General Manager - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Suryawanshi, Advocate for applicants/appellants. Shri P.S. Khubalkar, Advocate for respondent. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 15/01/2021 By this application, the applicants/appellants have sought to condone the delay of 431 days in filing appeal against the judgment and award dated 08.06.2018 passed by Railway Claims Tribunal in Claim Application No. OA(IIU)/NGP/2017/110.

2.

Learned Counsel for the respondent opposes the application on the ground that no sufficient cause is made out by the applicants for condoning the delay. 3.

I perused the record and considered the submissions advanced by learned Counsel for the respective parties. The applicants are the parents of the deceased Nikhil Pokale who has expired in a train accident. They have stated that they were fully dependent on the income of the deceased who was the sole earning member of the family. It is stated that due to financial constrains, they were unable to engage a

2 8 caf 4261.2019 lawyer and challenge the judgment and award.

4.

In view of reasons stated in the application, which is in my considered view, constitute sufficient ground to condone the delay, the delay is condoned. Civil Application stands disposed of accordingly. 5.

Appeal be registered after removal of office objection, if any.

6.

Learned Counsel Shri P.S. Khubalkar, waives notice on behalf of respondent.

7.

Appeal be listed for admission.

8.

Stand over to three weeks.

JUDGE Trupti