RASHMI DEVI, W/O LATE SURENDRA MEHTA, R/O VILLAGE Vs. THE UNION OF INDIA THROUGH THE GENERAL MANAGER, N.E. RAILWAY, GORAKHPUR

JUDGEMENT

(1.) The matter has been placed before this Bench in view of the order passed by the learned Single Bench of this Court on 2nd of August, 2016 in M.A. No.118 of 2013 referring the matter with the following question for the opinion of the Division Bench:

(2.) The said question arises out of the fact that the appellant filed an application before the learned Railway Claims Tribunal, Patna Bench (hereinafter referred to as the Tribunal ) in terms of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as the Act ). Such claim application was dismissed. An appeal was filed as contemplated under Section 23 of the Act along with an application for condonation of delay of 52 days in filing the appeal. The learned Single Bench referred the matter to the Division Bench to examine the question that in the event, there is no specific provision for condonation of delay in filing of the appeal, whether condonation of delay in filing the appeal can be condoned.

(3.) Learned counsel for the appellant refers to 1995 Supp (4) SCC 578 (Shantilal M. Bhayani v. Shanti Bai) to contend that the Appellate Court has the power to condone delay. On the other hand, Mr. D. K. Sinha, learned counsel for the Railways referred to a recent Division Bench order of Gujarat High Court in the matter of Union of India v. Gujarat State Electricity Corporation Limited [Civil Application (for condonation of delay) No. 12844 of 2015 in First Appeal (Stamp Number) No. 2264 of 2015) decided on 21st October, 2016] wherein, the provisions of the Act were examined and it was held that the appellate court has power to condone the delay. The relevant finding from the said judgment reads as under:-