Smt. Bimla Devi & Others vs Union Of India Through The General ...
2021 Latest Caselaw 719 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             (Civil Miscellaneous Appellate Jurisdiction)
                    M.A. No. 138 of 2019
                           ........

Smt. Bimla Devi & Others .... ..... Appellants Versus Union of India through the General Manager, East Central Railway, Hajipur .... ..... Respondent

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellants : Mr. Ashok Kumar Singh, Advocate.

Mr. Rajesh Kumar Jha, Advocate.

For the Respondent : Md. Jalisur Rahman, Advocate.

........

05/15.02.2021.

Heard, learned counsel for the appellants, Mr. Ashok Kumar Singh.

Learned counsel for the appellants / claimants has submitted that claimants namely, (i) Smt. Bimla Devi, (ii) Nisha Kumari, (iii) Puja Singh and (iv) Ram Pari Devi have preferred this appeal against the judgment dated 26.07.2018 passed by learned Member (Technical), Railway Claims Tribunal, Ranchi Bench, Ranchi, whereby the claim application of the appellants / claimants has been dismissed.

Learned counsel for the appellants has submitted that there is delay of 133 days in preferring the appeal and for condonation of delay, I.A. No. 2630/2019 has been preferred.

Learned counsel for the appellants has submitted that these claimants are poor victims, who lost Shailendra Kumar Singh, who is husband of appellant no. 1, father of appellant nos. 2 & 3 and son of appellant no. 4 in an untoward incident on 22.02.2016 and as such, the delay may be condoned.

It appears that no counter affidavit has been filed in the limitation matter though there was specific order by this Court on 04.11.2020.

Learned counsel for the respondent-Railway, Md. Jalisur Rahman, has submitted that the counter affidavit in memo of appeal has been prepared, which he will file within a week and the matter may be taken up in the next week.

Considering such submissions, the delay of 133 days in preferring the appeal is hereby condoned.

Accordingly, I.A. No. 2630/2019 is allowed. Learned counsel for the respondent-Railway is directed to serve copy of counter affidavit upon learned counsel for the appellants, Mr. Ashok Kumar Singh or Mr. Rajesh Kumar Jha and file the counter affidavit along with receipt thereon by 18.02.2021.

Put up this case in the next week.

(Kailash Prasad Deo, J.) Sunil/-