Chanabasappa Cholappa Tallihal And ANR. v. The Union Of India Thr. The General Manager

72 Ia-7121-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7121 OF 2024 IN FIRST APPEAL (St.) NO. 30952 OF 2023 Chanbasappa C. Tallihal and Another.

...Appellants.

Versus

Union of India.

...Respondent.

------ Apporv V. Singh for the Appellant.

Ms. Leena Patil for the Respondent.

------ Coram : Sharmila U. Deshmukh, J.

Date : April 30, 2025.

P. C. :

1.

Interim Application has been preferred seeking condonation of delay of 1 year and 128 days caused in preferring Appeal. 2.

Learned Counsel appearing for the Appellant submits that Claim Application came to be dismissed by the Tribunal. He submits that the Appellants are illiterate persons residing out of Mumbai and were not aware of the legal procedure for filing of an Appeal. He would further submit that belonging to the poor strata of Society, Appellant took some time for arranging funds for the purpose of filing Appeal, which caused delay.

3.

Learned Counsel appearing for the Respondent opposes the Application and submits that there is no sufficient explanation for Patil-SR 1 of

72 Ia-7121-2024.doc delay.

4.

Perusal of the Application would indicate that Application has been filed by the dependents of deceased who were dependent on the income of deceased. It cannot be disputed that considering the strata of Society to which the Claimants belong, in the absence of earning member of family, some time would be consumed in arranging funds. 5.

In the light of above, there is sufficient explanation for the delay. Hence, interim Application is allowed.

6.

List the First Appeal for admission on 25th June 2025. [Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 06/05/2025 21:12:28