M/S Ed And F. Man Commodites India Pvt. Ltd. Thr. Authorized Representative Nalay Mehta v. Union Of India Represented By The General Manager And ANR.

S.S.Kilaje 519-IA-9597-25-Delay.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 9597 OF 2025 IN FIRST APPEAL (ST) NO. 34331 OF 2024 M/s. ED & F. Man Commodites India Pvt. Ltd.

... Applicant

Versus

Union of India and Anr.

... Respondents .............

Mr. Shekhar Jagtap a/w. Sairuchita Chowdhary and Ms. Yashashree Raut i/b. J. Shekhar Associates, Advocates for the Applicant. Dr. Uday Warunjikar a/w. Mr. Niranjan Shimpi, Advocates for the Respondents.

SONALI SATISH KILAJE by SONALI SATISH KILAJE Date:

2025.07.10 18:43:19 +0700

CORAM

: SHIVKUMAR DIGE, J.

DATED : 4th JULY, 2025.

P. C. :

1.

Heard learned counsel for the applicant.

2.

Learned counsel for the applicant submits that the delay of 623 days is unintentional and caused as substantial time was required for administrative compliance and approvals from various levels in Mumbai office and Head Office in London. Further, it is submitted that applicant had approached learned Railway Tribunal for review of impugned order dated 10.05.2022 vide review application and the same was dismissed on 16.12.2022. Therefore, the period of time spent by the applicant in bonafide litigation was beyond the control of the applicant, hence 1/2

S.S.Kilaje 519-IA-9597-25-Delay.doc requested to allow the application.

3.

Learned counsel for the respondents strongly objected to condone the delay on the ground that there is delay of 623 days, it is inordinate delay, hence requested to reject the application. 4.

I have heard both the learned counsel. The applicant has challenged the impugned order passed by Railway Claims Tribunal. The delay was caused due to administrative approvals. It is unintentional delay. If applicant succeeds in the appeal the applicant is not entitled for interest on delayed period on compensation amount.

5.

The application is allowed and disposed of.

6.

The appeal be registered.

( SHIVKUMAR DIGE, J.) 2/2