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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Civil Application (CAF) No. 846/2020 In

First Appeal Stamp No.24719/2019

Shri Vishwanath s/o Ranganath Chavan and others.

V/s

Union of India through its General Manager, South East Central Railway,

Bilaspur (C.G.) and another.

Office Notes, Office Memoramda of Coram,

appearances, Court's orders of directions

Court's or Judge's orders.

and Registrar's Orders.

Shri Anil B. Bambal, Advocate for applicant/appellant.

Shri Lambat, Advocate for respondent.

CORAM: S.M. MODAK, J.

DATE: 16.12.2020.

The present applicants are the legal

representatives of deceased Vishwanath Rangnath

Chavan. The claim petition was dismissed by the

Railway Claims Tribunal, Nagpur vide judgment

dated 19.10.2016. For almost three years, they could

not prefer the appeal in time. Now, condonation of

delay is sought for the reasons of having financial

incapacity to pay the Court fee and on the basis of

the judgment delivered by Division Bench of this

Court in Civil Revision Application No.76/2016.

The prayer is strongly opposed.

I have read the reply. It is true that prior to

pronouncement of the judgment, the Court fee was

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payable on the amount which was claimed. This

Court has also experienced that the litigants were

unable to approach the Court due to financial

incapacity. This cannot be ground for denying an

opportunity to the needy litigants.

It is true that Hon’

ble Supreme Court as

well as this Court has observed about dis-entitlement

to interest for those claimants who approached the

Court belatedly. So, if the issue of payment of

interest will arise, certainly these claimants are not

entitled to claim the interest for 1045 days. Hence, I

am inclined to condone the delay. Hence, the order:-

ORDER

The delay of 1045 days caused in

preferring an appeal is condoned.

Civil Application is disposed of.

First Appeal St. No. 24719/2019

Heard

Issue notice to respondents.

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Shri Lambat, learned Advocate waives

notice for respondent.

Call Record and Proceedings

The matter be placed after the receipt of

Record and Proceedings.

JUDGE

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