Smt. Vandana Wd/O Lalchand Raut And Other v. Union Of India, Through Its General Manager, South East Central Railway, Bilaspur (C.G.)

2024:BHC-NAG:9675 11..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO.2386 OF 2024 IN FIRST APPEAL ST. NO.25498 OF 2023 Smt. Vandana Wd/o Lalchand Raut and another .Vs. Union of India Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.B. Dhande, Advocate for appellants.

Ms Neerja Choubey, Adv. for respondent.

CORAM : SANJAY A. DESHMUKH, J.

DATED : 29/08/2024 1.

Issue notice to the respondent, returnable after six weeks.

2.

Ms Neerja Choubey, learned advocate waives service of notice for the respondent.

3.

This is an application for condonation of delay of 1920 days caused for preferring appeal.

4.

Perused the application.

5.

Heard learned advocates for both sides.

6.

The appellants submits that, the judgment delivered by the Railway Tribunal was not communicated to them, therefore, they could not proceed to file the appeal. 7.

The learned advocate for the appellants submitted that application may be allowed in the interest of justice.

C.L. Dhakate

11..odt 8.

The learned advocate for the respondent strongly objected the application and submitted that, there is no sufficient reason to condone the delay. 9.

On perusal of the application, it appears that delay has not caused deliberately and reasons for not filing of appeal within limitation are sufficient and justifiable that decision/judgment of Railway Tribunal was not informed to the appellants.

10.

Considering this important aspect, the application deserves to be allowed in the interest of justice. The application is allowed. Delay is condoned. 11.

Application is disposed of.

FIRST APPEAL ST. NO.25498 OF 2023 12.

Issue notice to the respondent, returnable after six weeks.

13.

Ms Neerja Choubey, learned advocate waives service of notice for the respondent.

14.

Call record and proceedings.

15.

Filing of paper book is dispensed with, with direction to provide copy to the other side.

(SANJAY A. DESHMUKH, J.) C.L. Dhakate