Vatsala Ganpatrao Binorkar v. Union Of India Through The General Manager South Central Railway Secunderabad

2025:BHC-AUG:15280 939 CA 7877-2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 939 CIVIL APPLICATION NO. 7877 OF 2024 IN FIRST APPEAL (ST) NO. 14463 OF 2024 VATSALA GANPATRAO BINORKAR

VERSUS

UNION OF INDIA THROUGH THE GENERAL MANAGER SOUTH CENTRAL RAILWAY SECUNDERABAD ...

Mr. Syed M.A. - Advocate for Applicant Mr. Rahul B. Bagul - Advocate for sole Respondent ....

CORAM : SHAILESH P. BRAHME, J.

DATE : 17.06.2025 PER COURT :

1.

This application is filed for condonation of delay of 712 days in preferring the appeal against the judgment and award dated 10.02.2022 rejecting the claim of the applicant. Learned Counsel for applicant relies on grounds mentioned in paragraph Nos.2 to 7 of the application for condonation of delay. It is contended that, there are no malafides in preferring appeal belatedly.

2.

Learned Counsel for sole respondent - Mr. Rahul B. Bagul vehemently opposes the submissions. He contended that, explanation given is not sufficient.

3.

Considering rival submissions of the parties. I am of the 1/2

939 CA 7877-2024 considered view that, it is desirable to condone the delay. I do not find any reason to doubt the contents of the application. Applicant lost her son. He was the earning member of the family and her claim was rejected by the learned Tribunal. Taking a pragmatic view of the matter, I find the matter requires consideration on merit. 4.

Civil Application is allowed in terms of prayer clause 'B'. 5.

Office shall register First Appeal.

[ SHAILESH P. BRAHME ] JUDGE Pooja Kale 2/2