Union Of India, New Delhi, Through General Manager, Ministry Of Railways And Other v. Arvind Bhauraoji Deshmukh And Other

caf111.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) No.2253 OF 2024 IN FIRST APPEAL ST. No.22615 OF 2023 (Union of India, New Delhi, through General Manager, Ministry of Railway, New Delhi and another Vs. Arvind Bhauraoji Deshmukh and another) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. V.M. Gadkari, Advocate for appellants.

Mr. D.R. Bhoyar, Advocate for respondent No.1. Mr. P.P. Pendke, AGP for respondent No.2.

C ORAM : SANJAY A. DESHMUKH, J.

D ATE : 21 st AUGUST, 2024.

1.

This is an application for permission to deposit amount of compensation as per the award of the Reference Court.

2.

Perused the application.

3.

Heard learned Advocate of appellants.

4.

He submits that the amount under award will be deposited within seven days.

5.

Registry is directed to accept the cheque of the amount of Rs.70,18,806/- 6.

Application is allowed and disposed of.

CIVIL APPLICATION (CAF) No.1110 OF 2024.

1.

This is an application for condonation of delay of 571 days in filing appeal.

2.

Perused the application.

3.

Heard learned Advocates of both sides.

caf111.24.odt 2/2 4.

The office of the applicant forwarded the proposal to the Head-Office for legal opinion for filing the appeal. That requires considerable time for decision. 5.

This is sufficient ground for condonation of delay. It is settled law that such application for condonation of delay shall be considered and allowed liberally in the interest of justice. The delay is not deliberately caused. Therefore, the application deserves to be allowed in the interest of justice.

6.

The application is allowed.

7.

The delay of 571 days caused in filing appeal is condoned.

8.

The application is disposed of.

FIRST APPEAL ST. No.22615 O F 20 23.

1.

Issue notice to the respondents.

2.

Mr. D.R. Bhoyar, learned Advocate waives service of notice on behalf of respondent No.1. 3.

Mr. P.P. Pendke, learned A.G.P. waives service of notice on behalf of respondent No.2.

4.

Stand over after four weeks.

(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 21/08/2024 19:54:21