Arun Kumar Thakur & Anr vs Union Of India
2023 Latest Caselaw 620 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                M.A. No. 595 of 2019
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Arun Kumar Thakur & Anr. .... .... .... Appellants Versus Union of India, through the General Manager, East Central Railway, Hajipur .... .... .... Respondent

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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Appellant : Mr. Rakesh Kr. Jha, Advocate For the Respondent : Mr. Bakshi Sinha, Advocate

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Order No.06 Dated- 06.02.2023 I.A. No.1068 of 2023 Heard the parties.

The learned counsel for the appellants submits that this interlocutory application has been filed with a prayer to recall the order dated 16.01.2023 wherein peremptory four weeks' time was given to the appellants to remove the defects as pointed out by the stamp reporter.

It is next submitted that the defect no.3 as pointed out by the stamp reporter is that in the impugned order cage column may be verified by the learned court below. It is next submitted that this case was listed on 16.01.2023 but the conducting lawyer could not verify the defects hence, it could not be pointed out that the defect cannot be removed by him and the certified copy needs to be either sent to the learned court below or the defects be ignored.

Perusal of the record reveals that no cage column has been mentioned in the certified copy of the impugned judgment passed by the Railway Claims Tribunal, Ranchi Bench.

Considering the aforesaid facts, the defects as pointed out by the stamp reporter is ignored.

This interlocutory application is disposed of accordingly.

(Anil Kumar Choudhary, J.) I.A. No.11361 of 2019 Heard the parties.

This interlocutory application has been filed with a prayer to condone the delay of 60 days in filing this appeal.

It is submitted by the learned counsel for the appellants that application for obtaining the certified copy was submitted on 24.01.2019 before the announcement of the judgment/award but the certified copy was supplied on 17.04.2019. It is next submitted that the appellants went to the lawyer who was conducting the case before the tribunal below regarding dismissal of the claim application in the month of August 2019 and in the meantime, the vacation in court was started for Durgapuja and Diwali and the same resulted in delay in filing this appeal. It is further submitted by the learned counsel for the appellant that the appellants have very good grounds to agitate in this appeal and the delay was neither intentional nor deliberate and unless the delay of 60 days is condoned, the appellants will be highly prejudiced.

Considering the aforesaid facts, the delay of 60 days in filing this appeal is condoned.

This interlocutory application stands disposed of accordingly.

(Anil Kumar Choudhary, J.) M.A. No. 595 of 2019 This appeal will be heard.

Admit.

Call for the Lower Court Records.

Mr. Bakshi Sinha, Advocate receives notice in the appeal on behalf of the sole respondent.

List this appeal after receipt of the Lower Court Records.

Sonu-Gunjan/- (Anil Kumar Choudhary, J.)