Bombay High Court
Union Of India Thr G.M. South ... vs Premlabai Ramlu Renalwar And Ors on 27 January, 2023
Bench: V. V. Kankanwadi
ca-1125-2020 and ors..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.1125 OF 2020
IN RAST/746/2020 IN FA/1380/2018
Union of India
Through General Manager,
Sough Central Railway,
Secundrabad (Andhra Pradesh) .. Applicant
Versus
Premlabai w/o Ramlu Renalwar and others .. Respondents
...
WITH
CIVIL APPLICATION NO.1126 OF 2020
IN RAST/448/2020 IN FA/2283/2018
Union of India
Through General Manager,
Sough Central Railway,
Secundrabad (Andhra Pradesh) .. Applicant
Versus
Nagorao s/o Gangaram Kamble and another .. Respondents
...
WITH
CIVIL APPLICATION NO.1127 OF 2020
IN RAST/761/2020 IN FA/1341/2018
Union of India
Through General Manager,
Sough Central Railway,
Secundrabad (Andhra Pradesh) .. Applicant
Versus
Mohd. Saber s/o Mohd. Illyas .. Respondent
...
WITH
CIVIL APPLICATION NO.1128 OF 2020
IN RAST/750/2020 IN FA/1005/2018
(1)
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ca-1125-2020 and ors..odt
Union of India
Through General Manager,
Sough Central Railway,
Secundrabad (Andhra Pradesh) .. Applicant
Versus
Dalit s/o Tukaram Mudkhede .. Respondent
...
Mr. D. V. Soman, Advocate for applicants in all the applications.
Mr. P. S. Agrawal, Advocate for respondents in all the applications.
...
CORAM : SMT. VIBHA KANKANWADI, J.
RESERVED ON : AUGUST 05, 2022.
PRONOUNCED ON : JANUARY 27, 2023.
ORDER :-
. All these applications have been fled by the Union of India for
condonation of delay in preferring review applications. In Civil
Application Nos.1125 of 2020, 1127 of 2020 and 1128 of 2020, there
is delay of 143 days and in Civil Application No.1126 of 2020 there is
delay of 140 days. Present respondents are the original claimants,
who had fled frst appeals, challenging the judgment and order
passed by the Railway Claims Tribunal, thereby rejecting the claims
of the respondents. Those frst appeals came to be allowed by this
Court by judgment and order dated 10.07.2019 and this Court has
granted compensation of Rs.8,00,000/- together with interest at the
rate of 6% per annum from the date of the application till the date of
the award and thereafter @ 9% per annum till the date of actual
payment of the same to the applicants as well as cost of Rs.10,000/-.
It has been contended that after getting the certifed copies they were
ca-1125-2020 and ors..odt
forwarded to the legal department of the Union of India and
thereafter after taking opinion from the Railway Board, the decision
has been taken to fle application for review, however, in that process
the delay has been caused, which was not intentional and, therefore,
it is prayed that the said delay be condoned and the review be
entertained.
2. Heard learned Advocate Mr. D. V. Soman for the applicants in all
the applications and learned Advocate Mr. P. S. Agrawal for
respondents in all the applications.
3. Though the learned Advocate appearing for the respondents is
strongly opposing, taking into consideration the duration of the delay
and the fact that being the State Government entity, it was necessary
to take permissions from the departments. The delay doesn't appear
to be intentional. Hence, it requires to be condoned. Accordingly, the
delay stands condoned.
4. All the applications stand allowed and disposed of.
5. Registry to verify and register the review applications.
6. Place those review petitions for further consideration on
10.02.2023.
[ SMT. VIBHA KANKANWADI ]
JUDGE
scm
