Khursheeda vs Union of India - 2023 Supreme(Del) 989

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 989

MANOJ KUMAR OHRI
Khursheeda – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr. Mohit Kumar Gupta, Advocate, for the Appellants.
Mr. Vedansh Anand, Advocate, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J.

CM APPL. 36510/2022

1. By way of present application filed under Section 5 of the Limitation Act, the appellants seek condonation of delay of 80 days in filing the appeal.

2. It is noted that the instant appeal was filed by the appellants on 18.08.2022, assailing judgment dated 12.07.2021 passed by the Railway Claims Tribunal, Delhi. As per claims, the appellants were prevented from filing the appeal before this Court in due time on account of Covid-19 pandemic and their having first assailed judgment dated 12.07.2021 before the Uttarakhand High Court on advice from their counsel. After having withdrawn their petition before the Uttarakhand High Court with liberty to approach appropriate appellate forum, the appellants had statedly attempted to engage a counsel in Delhi to file the present appeal but the same took time as they got occupied working for livelihood outside Delhi.

3. For the reasons stated in the application, the same is allowed and the delay of 80 days in filing the appeal is condoned.

4. Application is disposed of.

FAO 214/2022 and CM APPL. 36511/2022

5. By way of present appeal filed under Section 23 of the Railway Claims Tribunal Act