Chandrakala Bhaskar Kurhade And ... vs Union Of India
2021 Latest Caselaw 1164 Bom

                                                                       9-CA-6274-19.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                      CIVIL APPLICATION NO.6274 OF 2019
                             IN FAST/20104/2018

            CHANDRAKALA BHASKAR KURHADE AND OTHERS
                                 VERSUS
                           UNION OF INDIA
                                   ...
             Advocate for Applicants : Shri Vishnu B. Madan
             Advocate for Respondent : Shri M. N. Nawandar
                                   ...

                                     CORAM : B. U. DEBADWAR, J.

                                     DATE       : 18th JANUARY, 2021

PER COURT :

1. Heard Shri V. B. Madan, learned advocate for the

applicant and Shri M. N. Nawandar, learned advocate for the sole

respondent.

2. This is an application for condonation of delay of 101

days caused in preferring appeal against judgment and order dated

13-12-2017, passed by the learned Railway Claims Tribunal, Nagpur

in OA (IIU)/NGP/2015/0321, whereby the claim is rejected.

3. In paragraph 3 of the application the grounds of delay

have been set out. According to Shri V. B. Madan, learned

advocate, the grounds set out in paragraph 3 of the application are

sufficient to condone the delay of 101 days, whereas according to

Shri Nawandar, learned advocate, the said are not at all sufficient to

condone the delay.

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                                                                    9-CA-6274-19.odt

4. Having regard to the facts of the claim before tribunal

and grounds set out in paragraph 3 of the application, it cannot be

said that the delay was either intentional or due to negligence of

the applicants.

5. In view of the above, application is allowed. Delay of

101 days caused in preferring appeal is condoned.

6. Appeal be registered if it stands in scrutiny.

                                              (B. U. DEBADWAR, J.)




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