Bombay High Court

SHRI. KETAN VASANT BHANUSHALIversusUNION OF INDIA THROUGH THE GENERAL MANAGER, CENTRAL RAILWAY, CST, MUMBAI

Decided: 18 June 2026
Disposal: Disposed Off
Bench: ARIF S DOCTOR JITENDRA SHANTILAL JAIN

Holding

The court rejected the civil application for condonation of delay and consequently dismissed the registration of the first appeal.

Summary

The original claimant filed a civil application seeking condonation of delay in filing a first appeal against a judgment and award dated 6 October 2016 of the Railway Claims Tribunal, Mumbai Bench (Original Application No. OA 185 of 2012). The applicant’s advocate requested urgent orders, but no representative appeared before the court. The court noted the absence of any appearance on behalf of the applicant. Consequently, the civil application for condonation was rejected. As a result, the registration of the first appeal was also rejected, leaving no further relief for the applicant.

Issues considered

Whether the court may grant condonation of delay for filing a first appeal when the applicant fails to appear before the court

Subjects

condonation of delay
civil procedure
first appeal
Railway Claims Tribunal
appeal registration

Judgment

                                                                     17 caf2148-17.doc


                  FARAD CONTINUATION SHEET
         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION


              CIVIL APPLICATION NO.2148 OF 2017
                                     WITH
              FIRST APPEAL (ST.) NO.2339 OF 2017


Office Notes, Office                  Court’s or Judge’s orders
Memoranda          of
Coram,
Appearances,
court’s orders or
directions       and
Registrar’s orders



                        None for the Applicant

                        Mr.Navin Bagul I/b Mr.T.J.Pandian for the
                        Respondent



                                  CORAM : K. K. TATED, J
                                  DATE : AUGUST 22, 2019

                        P.C.:


                        .   Not on board. At the request of advocate
                        for the Applicant, matter is taken on board for
                        urgent orders.
                        2   Heard.
                        3   By   this    Civil   Application,     Applicant
                        original Claimant is seeking condonation of
                        delay in filing First Appeal challenging the


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                                                   17 caf2148-17.doc


         judgment and award dated 6.10.2016 passed
         by Railway Claims Tribunal, Mumbai Bench,
         Mumbai in Original Application No.OA 185 of
         2012.
         4    As no one appeared on behalf of Applicant,
         following order is passed :


         a.   Civil Application stands rejected.
         b.   In view thereof, nothing survives in the
              First Appeal. Registration of First Appeal
              stands rejected.




                                   (K.K.TATED, J.)




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