Shri Santosh Sanvle vs Union Of India
2023 Latest Caselaw 5813 MP

                                                             1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                 ON THE 11 th OF APRIL, 2023
                                                MISC. APPEAL No. 3168 of 2020

                          BETWEEN:-
                          1.    SHRI SANTOSH SANVLE S/O SHRI BAPU RAO
                                SANVLE, AGED ABOUT 62 YEARS, BADHOLI
                                BUZURG TEH. MULTANI DIST. BETUL (MADHYA
                                PRADESH)

                          2.    SMT. CHANDRAKALA SANVLE W/O SHRI
                                SANTOSH SANVLE, AGED ABOUT 56 YEARS,
                                OCCUPATION: NOT MENTION BADHOLI, BUZURG,
                                TEH.  MULTAI,   DISTT. BETUL,  (MADHYA
                                PRADESH)

                                                                                          .....PETITIONER
                          (BY SHRI HEMANT KUMAR CHAUHAN - ADVOCATE)

                          AND
                          UNION OF INDIA THROUGH THE GENERAL MANAGER
                          WEST CENTRAL RAILWAY JABALPUR (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI R.K JAIN - ADVOCATE FOR RESPONDENT NO.1)

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

Heard on I.A No. 8071 of 2020, an application for condonation of delay. The impugned award was passed on 13.08.2019, whereas the appeal has been filed on 23.12.2020. This appeal is filed with a delay of 1 year 4 months. The application filed under section 5 of the Limitation Act reads as under:-

"1. That the instant miscellaneous appeal has been filed by the Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 4/13/2023 10:02:19 AM

appellants against the respondent before this Hon'ble Court challenging impugned order passed by the learned Claims Tribunal Bhopal challenging the same in the above appeal.

2. That the appellants are residing in Village Badholi Buzurg Tahsil Multai District Betul M.P, and in their village some network problems is also facing time to time due to that they are not contacted to any other persons.

3. That the said case was filed by appellants through the local counsel Bhopal, who conducting the case before the Railway Claims Tribunal Bhopal.

4. That in their near relation someone elder person was died, due to that they gone to attend funeral and terahavi ceremony thereafter they stay there some time because their health was not good and after recovery of their health they came to their village home, therefore, they are not aware about their case.

5. That thereafter they came to learnt from their village person that Corona Virus over the world as well as India and also advice to her to stay at Home, therefore, she was not aware about the judgment passed in her case.

6. That thereafter due to said pandemic disease Covid -19 spread in India and lock down was declared by the Government of India on 23.03.2020. Due to the said lock down, the transportation was unavailable and stopped. Therefore, in the said period, the appellant was staying at home in village and followed the guidelines issued by Government of India. That later on, the lockdown was

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 4/13/2023 10:02:19 AM

removed and as per the guidelines and circulars declared by the government, the situation become normal, then the appellant arrange some fund and thereafter she came to Bhopal to contact his local counsel, first time he inform that her claim has been dismissed by the Claims Tribunal Bhopal and there is a remedy of file misc. appeal before Hon'ble High Court Jabalpur and limitation period is over therefore, they should file application for condonation of delay for filing the above misc. appeal. As per the advice of the local counsel, Bhopal filing the above misc. appeal along with an application for condonation of delay as stated above in the said application.

7. That there is a delay of 385 days is bonafide and not intentional, they are illiterate persons and not knowledge about legal proceedings of law, hence the Hon'ble Court condone the delay in filing the misc. appeal in the interest of justice."

From the plain reading of this application, it is clear that the identity of the person who had expired has not been disclosed, even date of 13th day ceremony also not disclosed. Aliment of the appellant has not been disclosed and date of recovery from the aliment is also not disclosed. Thereafter general defence has been taken of Covid pendamic. The impugned judgment was passed on 13.08.2019 and appellant was represented by his counsel.

This is not a case where appellant was not aware of final disposal of the case and passing of impugned judgement by the Claims Tribunal. The application is completely silent about the reasons for not filing of appeal from 13.08.2019 till 24.03.2020 ie. the date on which complete lock down was imposed, this Court after even adopting lenient view is of the view that the Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 4/13/2023 10:02:19 AM

application cannot be allowed. Accordingly, I.A No. 8071 of 2020 is rejected. As a consequence thereof, the appeal is dismissed as barred by time.

(G.S. AHLUWALIA) JUDGE tarun

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 4/13/2023 10:02:19 AM