Surman Wd/O Jaychand Pardhi And Others v. Union Of India Through Its General Manager, South East Central Railway, Bilaspur (C.G.)

2024:BHC-NAG:9805 1 23-CAF-2387-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2387 OF 2024 IN FIRST APPEAL ST. NO.413 OF 2024 SURMAN WD/O JAYCHAND PARDHI 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 S. B. Dhande, Advocate for applicants/appellants. Ms. Neerja Chaubey, Advocate for respondent-sole. CORAM: SANJAY A. DESHMUKH, J.

DATE : 30/08/2024.

1.

This is an application for condonation of delay of 1724 days caused for preferring appeal. 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

Ms. Chaubey, learned counsel for the respondent has strongly objected the application and submitted that there is no sufficient reason for condonation of delay.

5.

Learned advocate for the applicants submits that decision of Railway Tribunal was not informed. Therefore, applicants were not known about the decision. 6.

He lastly submitted to allow the application, in the interest of justice.

2 23-CAF-2387-24.odt 7.

Considering the reasons stated in the application, the application deserves to be allowed, in the interest of justice.

8.

The application is allowed subject to deposit of costs of Rs.1,000/- in the office of Vidarbha Lady Lawyer's Association, Nagpur within a week.

FIRST APPEAL ST. NO.413 OF 2024 9.

Issue notice to the respondent.

10.

Ms. Neerja Chaubey, learned advocate waives service of notice for respondent.

11.

Call for Record and Proceedings.

12.

Filing of paper book is dispensed with, with direction to provide copy to the learned advocate for the respondent.

13.

Stand over after four weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 31/08/2024 15:29:07