Smt. Vanita Wd/O.Nilesh Pingale And Others v. Union Of India Through General Manager, Central Railway, Mumbai

2024:BHC-NAG:10994 1 15-CAF-2694-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2694 OF 2024 IN FIRST APPEAL ST. NO. 7219 OF 2024 SMT. VANITA WD/O NILESH PINGALE 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 Parimal Kavishwar, Advocate for applicants/appellants. Ms. Neerja Chaubey, Advocate for respondent-sole. CORAM: SANJAY A. DESHMUKH, J.

DATE : 01/10/2024.

1.

Isssue notice to the respondent.

2.

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

3.

This is an application for condonation of delay of 223 days caused for filing the appeal. 4.

Perused the application.

5.

Heard learned Advocates for both sides.

6.

Learned counsel for the respondent has strongly objected the application.

7.

Learned advocate for the applicants pointed out that applicant No.1 is widow with two minor children. They are financially poor and cannot maintain themselves. They are not knowing the procedure of law and Court. Delay is not deliberatley caused. He, therefore, submitted to allow the application.

2 15-CAF-2694-24.odt 8.

Considering the grounds stated in the application, it appears that delay is not deliberately caused.

9.

Considering the fact situation of the case, the application, therefore deserves to be allowed, in the interest of justice.

10.

The application is allowed. Delay of 223 days caused for filing the appeal is condoned.

11.

The application is disposed of.

FIRST APPEAL ST. NO. 7219 OF 2024 12.

Issue notice to the respondent.

13.

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

14.

Call for Record and Proceedings.

15.

Filing of paper book is dispensed with, with direction to the learned advocate for the appellants to provide all the necessary documents to the respondent. 16.

Stand over after four weeks.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 03/10/2024 14:58:51