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CA/7735/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 7735 of 2009
In
FIRST
APPEAL (STAMP NUMBER) No. 3090 of 2009
With
FIRST
APPEAL No. 3090 of 2009
=========================================================
BHAGIBEN
WD/O BHALABHAI GANDABHAI BHOI - Petitioner(s)
Versus
UNION
OF INDIA - Respondent(s)
=========================================================
Appearance
:
MR PJ MEHTA for Petitioner(s) :
1,
MR BIPIN I MEHTA for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 26/04/2010
ORAL
ORDER
Heard
Mr. P.J. Mehta, learned advocate for the applicants.
Present
application has been filed seeking condonation of delay of 1460 days
(approximately)in filing the appeal against the order dated
5.5.2005.passed by the Railway Claims Tribunal, Ahmedabad Bench, in
C.A. no. O.A. 0200007. The applicants has made a prayer in following
terms:-
Be
pleased to pass appropriate order condoning delay of 4 years in
the interest of justice.
In
response to the order dated 15.4.2010,the concerned officer of the
opponent-Union of India has remained present with the file/ papers
pertaining the aforesaid claim case decided by the Railway Claims
Tribunal.
Mr.
B.I. Mehta, learned advocate has appeared for the opponent-Union of
India. He has produced the files/papers brought by the officer of
the opponent-Union Of India for perusal of the Court.
Mr.
B.I. Mehta, learned advocate for the opponent-Union of India, has
shown the papers/files pertaining to the aforesaid claim case filed
by Bhagiben widow of Bhalabhai Gandabhai and Virsing Gulab Vasava. It
has been submitted that the same person has filed the claims
petitions in connection with the same person alleged to be the victim
of accident which allegedly had taken place while the victim was
aboard.
Having
regard to the averments made in the application and submissions made
by Mr. P.J. Mehta learned advocate for the applicants with regard to
the relief prayed for in the application, seeking condonation of
delay, Rule returnable on 10th of May
2010.
If
the opponent-Union of India intends to oppose the application for
condonation of delay and desires to file affidavit, opposing the
application, such affidavit shall be filed on or before 5th
of May 2010, with a copy to the applicant’s advocate.
Learned
Advocate Mr. B.I. Mehta, shall retain1 the papers/ files pertaining
to the case with him so that the papers may be available for the
perusal of the court, even in absence of the officer of the
opponent-Union of India.
The
presence of the officer of the Railway Establishment is dispensed
with.
[K.M.THAKER,J.]
pawan
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