DHARMENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 11.04.2012 by which the Tribunal has refused to condone the delay of 227 days in filing the claim petition.

(2.) IT is not disputed that there is power in the Tribunal to condone the delay and the issue is whether sufficient cause is shown for condonation of delay of 227 days.

(3.) NO doubt in the present case appellant in the application for condonation of delay has not mentioned the name of the earlier counsel FAO 468/2012 Page 2 of 3 who has expired and consequently leading to delay in filing the claim petition, however, such deficiency has been removed by stating the details in this appeal. It may be noted that the appellant is a permanent resident of Kanpur and, therefore, could not remain personally in touch with his earlier counsel who expired, and therefore the delay of 227 days.