RAMESH INDRASEN GUJRAL Vs. UNION OF INDIA

JUDGEMENT

(1.) APPEAL is admitted.

(2.) CONSIDERING the facts and circumstances of the case, and with consent of learned counsel for both the parties, the appeal is heard on merits today and is being disposed of by this judgment.

(3.) MR.Mehta, ld.advocate for the appellants, relied upon a case of Pushpakaran Vs.Union of India reported in 2008 ACJ 2469, wherein the main petition was dismissed for default and the restoration application which came to be filed was delayed by 30 days. The concerned Tribunal held that since the same was not a civil Court, it had no power to condone the delay beyond the time fixed in the Rules. The matter came up before Kerala High Court and the issue which was required to be decided was whether the Railway Claims Tribunal can condone the delay on sufficient reasons on application u/s.5 of the Limitation Act or not, and the said issue was replied in the affirmative and the delay was condoned and the main claim petition was remanded to the Tribunal for adjudication on merits. Considering the facts and circumstances of the case, this Court is of the opinion that the ratio laid down in the case relied upon shall squarely apply to the facts and circumstances of the instant case.