IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CIVIL CIVIL CIVIL APPLICATION NO. 228 of 2007. APPLICATION NO. 228 of 2007. APPLICATION NO. 228 of 2007. IN IN IN FIRST FIRST FIRST APPEAL ST.NO.30711 OF 2006. APPEAL ST.NO.30711 OF 2006. APPEAL ST.NO.30711 OF 2006. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri T.J.Mendon for the Applicants. Shri Arjan H.Patil for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 5th October, 2007. : 5th October, 2007. : 5th October, 2007. P.C.: P.C.: P.C.: 1. Heard the Advocates appearing for the parties. The Application is opposed by the Advocate for the Respondent by pointing out that the statement made in paragraph 4 of the Application is false and there is no explanation for delay. 2. The claim petition filed by the Applicants before the Railway Claims Tribunal claiming compensation has been dismissed on merits. The ground given in paragraph 3 is sufficient to condone the delay considering the facts and circumstances of the case. Hence Rule is made absolute in terms of prayer clause (a). Judge. Judge. Judge.