Aladi Hembram And Anr vs Union Of India
2025 Latest Caselaw 1884 Jhar

Jharkhand High Court

Aladi Hembram And Anr vs Union Of India on 22 January, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
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M.A. No. 365 of 2024

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Aladi Hembram and Anr. ...... .... ... Appellant(s)

-- Versus --

Union of India ...... .... ... Respondents

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner(s) :- Mrs. Chaitali C. Sinha, Advocate For the Union of India :- Mr. Abhijit Kumar Singh, Standing Counsel

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2/22.01.2025 Heard learned counsel for the appellants as well as learned counsel for Eastern Railway, Kolkata.

2. I.A. No.10171 of 2024 has been filed for condonation of delay of 830 days in presenting the appeal.

3. Learned counsel for the appellants submits that the appellants are the claimants whose claim has been turned down by the learned Railway Tribunal and thereafter they have been able to file the same and in view of Covid-19 the judgment was delivered on 10.8.2021. She submits that after Covid-19 they have some how prepared to present the appeal and in view of that the said delay has occurred.

4. Learned counsel for the Eastern Railway opposed the prayer and submits that the explanation is not sufficient and in view of that the instant I.A may kindly be dismissed.

5. The Court finds that the judgment was delivered on 10.8.2021 and at that time Covid-19 was there and the limitation has been condoned by the High Courts as well as the Hon'ble Supreme Court in light of the Covid-19 and it was operated for some time. The appellants are the claimants and their claim has been turned down by the learned Railway Tribunal. However, the deceased was having the tickets also and prima-facie also the appellants are having the case and the Court finds that there is sufficient ground to condone the delay and as such, the delay of 830 days in presenting the appeal is hereby condoned.

6. The instant I.A stands allowed and disposed of.

7. Call for the trial court records from the learned court concerned.

8. Let this matter be placed under the appropriate heading on 05.03.2025.

9. Mr. Abhijit Kumar Singh, the learned counsel for the Eastern Railways will assist the Court after receiving of the trial court records.

( Sanjay Kumar Dwivedi, J.)

SI/