Smt. Kamalabai Pandu Rathod And ORS. v. The Union Of India Represented By The General Manager,

6-FA-644-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.644 OF 2015 Smt.Kamalabai Pandu Rathod & Ors. ].. Appellants Vs.

Union of India through the ] General Manager, ] Central Railway, Mumbai-CST ].. Respondent.

.....

Mr.Mohan Rao, Advocate for the appellants.

Mr. T.J. Pandian a/w Mr.T.C.Subramaniam, Advocate for the respondent.

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 22nd DECEMBER, 2021.

P.C.

1.

This is an application challenging the order passed by the Member, Technical of respondent by which application for condonation of delay came to be rejected.

2.

Heard learned Counsel for the appellant. Perused the record. The only reason appears to have been put forth for a long and inordinate delay of 7 years 11 months and 17 days is that the appellants lack knowledge of limitation and that they are from poor background.

by CHITRA SANJAY SONAWANE Date:

2021.12.22 16:55:06 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane

6-FA-644-2015.odt 3.

No doubt, no reasons have been assigned by the Member, Technical for the rejection, neverthless, even in the grounds of appeal, there are absolutely no sufficient reasons for such a long and inordinate delay justifying its condonation. 4.

Mr.Pandian for the respondent has, therefore, rightly submitted that, had there been some shred of evidence on record justifying the delay, the matter could have been decided on merits.

5.

Sans any reason, it would be not just and proper to condone the delay. I do not find any merit in the application and hence, it stands rejected.

(PRITHVIRAJ K. CHAVAN, J.) Chitra Sonawane