Nalu Wd/O. Gopal Wakode And Others v. Union Of India Through General Manager, Central Railway, Cst Mumbai

2024:BHC-NAG:7081 1 19-CAF-1672-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1672 OF 2024 IN FIRST APPEAL ST. NO. 7256 OF 2024 NALU WD/O GOPAL WAKODE AND OTHERS Vrs.

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 P. U. Kavishwar, Advocate for applicants/appellants. Ms. N. G. Chaubey, Advocate for respondent-sole. CORAM: SANJAY A. DESHMUKH, J.

DATE : 05/07/2024.

1.

This is an application for condonation of delay of 5 months and 27 days caused for filing first appeal.

2.

Heard learned counsel for both sides.

3.

Perused the application.

4.

For the reasons stated in the application, application deserved to be allowed in the interest of justice.

5.

The application is allowed. However, it is clarified that if the appeal is allowed and interest, if any, is to be paid to the applicants, the applicants are not entitled for interest on the said amount as per the Judgment of Union of India Vrs. Rina Devi, reported in AIR SCC 2362.

2 19-CAF-1672-24.odt 6.

The application is disposed of.

FIRST APPEAL ST. NO. 7256 OF 2024 7.

Heard.

8.

Admit.

9.

Call for Record and Proceedings.

10.

Ms. N. G. Chaubey, learned counsel waives service of notice for respondent-sole.

11.

Filing of paper book is dispensed with, with directions to the appellants that they shall supply other documents to other side.

12.

Stand over after six weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 08/07/2024 11:33:47