Smt. Ratna Ramchandra More And ANR. v. Union Of India, Thr. The General Manager, Mumbai

93-IA-301-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 301 OF 2024.

IN/WITH FIRST APPEAL (ST) NO. 24595 OF 2022.

Smt. Ratna Ramchandra More And Anr.

...Applicants.

Versus

Union of India, Thr. The General Manager, Mumbai

...Respondent.

------ Adv. Sainand Chaugule for the Applicant.

Adv. Niranjan Shimpi i/by Adv. Vivek Tirumala for the Respondent. ------ Coram : Sharmila U. Deshmukh, J.

Date : April 7, 2025.

P. C. :

1.

Interim Application has been preferred seeking Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2025.04.08 10:36:46 +0530 TALLE SHUBHAM ASHOKRAO condonation of delay of 120 days caused in preferring the Appeal. 2.

Learned Counsel for the Applicant submits that the certified copy of the impugned Judgment was received on 8th November, 2021. He would further submit that as interest on the amount of compensation was not granted an Application for review was filed, which came to be dismissed on 21st July, 2022. He submits that as the Applicant was pursuing the remedy of review, the Appeal was not filed and therefore there is delay of 120 days caused in preferring the Appeal.

3.

Learned Counsel appearing for the Respondent would Shubham Talle 1 of

93-IA-301-2024.doc oppose the Application and would submit that there is no sufficient explanation given for the delay of 120 days.

4.

The Application specifically pleads that after certified copy was received, as there was no interest granted on the amount of compensation, review proceedings were initiated before the Tribunal and it is only after rejection of the Review that the present Appeal came to be field. The explanation given in the Application is sufficient to condone the delay of 120 days and the same is condoned. 5.

Interim Application is allowed.

6.

List the above First Appeal on 7th May, 2025. [Sharmila U. Deshmukh, J.] Shubham Talle 2 of