Mahadev S/O Vithoba Wankhede And Others v. Union Of India Thr. The General Manager, Central Railway, Csmt, Mumbai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAF) No.2298 OF 2024 IN FIRST APPEAL ST. No.12032 OF 2024 (Mahadev s/o. Vithoba Wankhede and another Vs. Union of India, through the General Manager, Central Railway CSMT, Mumbai) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Ms. P.A.. Thakare, Advocate for appellants.
Ms. Neerja Chaubey, Advocate for respondent.
C ORAM : SANJAY A. DESHMUKH, J.
D ATE : 26 th AUGUST, 2024.
1.
This is an application for condonation of delay of 14 days caused in filing the appeal.
2.
Issue notice to the respondent, returnable after one week.
3.
Ms. Neerja Chaubey, learned Advocate waives service of notice on behalf of respondent.
4.
Perused the application.
5.
Heard learned Advocate of the applicant.
6.
Learned Advocate for the applicant submitted that delay is not deliberately caused.
7.
Learned Advocate for the applicant submitted that the applicant is old aged person and could not contact his Advocate to file appeal within the period of limitation of 14 days. The delay is not deliberately caused. Therefore, the application deserves to be allowed in the interest of justice.
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The application is allowed.
9.
The delay of 14 days in filing first appeal is condoned.
10.
The application is disposed of.
FIRST APPEAL ST.
No.
12032 OF 2024.
1.
Issue notice to the respondent, returnable after one week.
2.
Ms. Neerja Chaubey, learned Advocate waives service of notice on behalf of respondent.
3.
Admit.
4.
Call R. & P.
5.
Filing of paper-book is dispensed with, subject to the condition that Advocate for the appellant will submit necessary papers.
6.
Stand over after three weeks.
(SANJAY A. DESHMUKH, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 27/08/2024 12:04:21