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Bombay High CourtIA/11056/2024allowed

Mrs. Sadhana Maruti Dabade And ORS. v. Union Of India Through The General Manager,Central Railway

2026-01-19Hon'Ble Justice Sharmila U. Deshmukh2 pages

17 IA-11056-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11056 OF 2024 IN FIRST APPEAL (St.) NO. 8812 OF 2024 WITH FIRST APPEAL (ST.) NO. 8812 OF 2024 Sadhana Maruti Dabade and Others ...Applicants

Versus

Union of India

...Respondent

------ Mr. Vasant More for Applicant.

Ms. Revaa Kadam i/b Mr. Niranjan Shimpi for Respondent. ------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : JANUARY 19, 2026 P. C. :

Interim Application No. 11056 of 2024 :

1.

Interim Application has been preferred seeking condonation of delay of 163 days caused in filing the present First Appeal. 2.

Learned counsel appearing for Applicant submits that the Applicants are villagers and residing at the remote place. He would further submit that the proceedings arise out of accident claim which has been dismissed and came to their knowledge subsequently. Hence, there is delay of 163 days.

Sairaj 1 of

17 IA-11056-2024.doc 3.

Learned counsel for Respondent vehemently opposes the application and submits that there is no sufficient explanation for condonation of delay of 163 days.

4.

The proceedings arise out of dismissal of claim application filed with Railway Claims Tribunal. The Applicants who are the legal heirs of the deceased are residents of Solapur. The explanation tendered for delay is that they were not aware of dismissal of the case which is an acceptable explanation. The delay is not an inordinate unexplained delay which cannot be condoned.

5.

In light of above, delay is condoned. Interim Application is allowed.

First Appeal (St.) No. 8812 of 2024 :

6.

List the First Appeal on 24th February, 2026. [SHARMILA U. DESHMUKH, J.] Sairaj 2 of