Created by Fuzzy Cloud

Bombay High Court

MRS. PREMALATHA GORGE AND ANR.versusUNION OF INDIA THROUGH THE GENERAL MANAGER,

Decided
Disposal
Disposed Off

Holding

The court held that the application for condonation of delay was not maintainable and dismissed it.

Summary

The applicant filed an application seeking condonation of delay in filing an appeal that was originally due in 2016. The appeal was not presented before the stipulated date, and the matter was listed under the caption of dismissal. The applicant argued that the delay was due to circumstances beyond his control and sought relief. The High Court examined the reasons for the delay and the procedural requirements for condonation. It concluded that the applicant had not sufficiently justified the lapse of time. Consequently, the application for condonation of delay was dismissed.

Issues considered

  • Whether the applicant is entitled to condonation of delay in filing the appeal
  • Whether the reasons provided for the delay satisfy the requirements under the Civil Procedure Code

Subjects

  • condonation of delay
  • appeal
  • civil procedure
  • High Court
  • Union of India
  • Central Railway

Judgment

                 Me
                  gha                              904_caf_2121_2016.doc



                          I
                          NTHEHIGHCOURTOFJ  UDI
                                              CATUREATBOMBAY
                               CIVI
                                  LAPPELLATEJURISDI
                                                  CTI
                                                    ON

                               CI
                                VILAPPLI
                                       CATIONNO.
                                               2121OF2016
                                            I
                                            N
                             FI
                              RSTAPPEAL(STAMP)NO.
                                                18279OF2015

                     Pr
                      emal
                         athaGor
                               geVal
                                   avat
                                      handAnr
                                            .                  .
                                                               ..
                                                                Appl
                                                                   icant
                                                                       s
                               Ve
                                rsus
                 UnionofIndiathr
                               oughtheGener
                                          al
                 Manager,Centr
                             alRail
                                  way,Mumbai                  .
                                                              ..
                                                               Res
                                                                 ponde
                                                                     nt
                                           ..
                                            .
                 NonefortheAppli
                               cants
                                   .


                                       CORAM: SMT
                                                .ANUJ
                                                    APRABHUDESSAI
                                                                ,J.
                                       DATED :16thNOVEMBER,2022.


                 P
                 .C.:
                    -

                 1.         Thi
                              sisan appl
                                       icat
                                          ion f
                                              orc
                                                ondonat
                                                      ion ofde
                                                             lay pe
                                                                  ndi
                                                                    ng

                 s
                 inc
                   e2016.Si
                          ncet
                             heAppe
                                  llantwasnotpr
                                              ese
                                                ntont
                                                    hel
                                                      astdat
                                                           e,t
                                                             he

                 mat
                   terwasl
                         is
                          tedunde
                                rthec
                                    apt
                                      ionofdi
                                            smi
                                              ssal
                                                 ,de
                                                   spi
                                                     tewhi
                                                         ch,none

                 pr
                  ese
                    ntf
                      or t
                         he Appl
                               icant
                                   . I
                                     tappe
                                         arst
                                            hatt
                                               he Appl
                                                     icanti
                                                          s not

                 i
                 nte
                   res
                     tedi
                        n pur
                            sui
                              ng t
                                 he appl
                                       icat
                                          ion. He
                                                nce
                                                  ,the appl
                                                          icat
                                                             ion i
                                                                 s

                 di
                  smi
                    sse
                      d.Re
                         gis
                           trat
                              ionoft
                                   heappe
                                        ali
                                          sre
                                            jec
                                              ted.



                 2.         Pe
                             ndi
                               ngappl
                                    icat
                                       ion(
                                          s),i
                                             fany
                                                ,st
                                                  and(
                                                     s)di
                                                        spos
                                                           edofi
                                                               nvi
                                                                 ew

                 ofdi
                    smi
                      ssaloft
                            heappe
                                 al.


        Digitally
        signed by                        (
                                         SMT
                                           .ANUJ
                                               APRABHUDESSAI
                                                           ,J.
                                                             )
MEGHA   MEGHA S
        PARAB
S       Date:
PARAB   2022.11.18
        13:52:08                             1/1
        +0530


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.