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Bombay High CourtWP/17641/2024dismissed

Union Of India v. Noor Mohd Shaikh Alias Noor Mohd Ibrahim Shaikh Decd Thru Lhrs And ORS

2024-12-03Hon'Ble Shri Justice S. M. Modak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 17641 OF 2024

1. Union of India (Through Secretary Central Railway New Delhi)

2. General Manager, Indian Railway, Railway Bhavan, New Delhi

3. General Manager, Central Railway, CST, Mumbai

4. Divisional Engineer (LM) DRM (Labour), office Third floor, Annex Building, above Reservation Office, Mumbai Division, Central Railway CST, Mumbai.

...Petitioners

vs.

1. Noor Mohd. Shaikh @ Noor Mohd. Ibrahim Shaikh (deceased) 1/1. Sultana Noor Mohd. Shaikh Age - Adult, Occupation - Nil

2. Shabbir Ibrahim Shekh (deceased) 2/1. Ashabi Shabbir Shekh Age- Adult, Occupation - Nil 1/3

2/2. Farzana Ajij Vahab Age - Adult, Occupation - Nil.

2/3. Samee Shabbir Shekh Age - Adult, Occupation - Nil.

2/4 Munnejar Shabbir Shekh Age - Adult, Occupation - Nil

3. Jabbir Ibrahim Shekh Age - Adult, Occupation - Business All r/o. Gundge, Tal. Karjat, Dist. Raigad

...Respondents

***** Mr. R. P. Ojha Advocate for the Petitioners Mr. Rohit Joshi Advocate for the Respondents ***** CORAM :

S. M. MODAK, J.

DATE :

03rd DECEMBER 2024 P. C. :- 1.

For the reasons recorded separately which are under typing, I pass the following order :- OPERATIVE ORDER (i) Petitioners are at liberty to file appropriate proceedings challenging the order refusing delay condonation passed by the Appellate Court.

2/3

(ii) The protection granted by this Court on 19/01/2024 that no coercive action shall be taken against the Petitioners as a consequence of dismissal of CMA No. 67 of 2023 is extended for period of six weeks from today.

(iii) Writ petition is disposed of.

(iv) If delay condonation application is filed, let it be considered by considering the submission made by non-opposing the same.

(v) Petitioners to serve copy of those proceeding to Respondents in advance.

[S. M. MODAK, J.] 3/3 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 07/12/2024 18:40:17