TASLIM AND ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) For the reasons stated in the application, the appeal is restored to its original number.

(2.) This first appeal is filed against the impugned order of the Railway Claims Tribunal dated 17.10.2012 dismissing the prayer for condonation of delay of about one year and six months in filing of the claim petition.

(3.) In law, condonation of delay has to be looked into with respect to facts of each case, however, it is settled law that whenever there is a provision of condonation of delay, delay is condoned unless the delay is such which amounts to want of good faith or there is criminal negligence. In fact, once an application is filed for condonation of delay, some amount of negligence is implicit as so held by the Supreme Court in the case of N. Balakrishnan Vs. M. Krishnamurthy, 1998 AIR(SC) 3222.