Mr. Mallikaarjun P. Khune and Anr. vs the Union of India Thr. the General Manager, Mumbai — Bombay HC (2026) — LawSathi Research

Mr. Mallikaarjun P. Khune and Anr. vs the Union of India Thr. the General Manager, Mumbai — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 9783/2024 allowed in terms of prayer clause (a), condoning delay of five years and thirty-four days in filing First Appeal (ST) No. 32783/2023; appeal admitted, appellants to file private paper-book and parties to file compilation/synopsis/authorities within four weeks, R&P to be sent by trial Court, matter placed on 17/6/2026 under 'For Final Hearing'.

Issue for consideration

Whether the delay of five years and thirty-four days in filing First Appeal (ST) No. 32783/2023, which challenges the judgment of the Railway Claims Tribunal, Mumbai Bench, should be condoned. +2 more

Court's answer

The Court held that a case was made out to allow the interim application and allowed it in terms of prayer clause (a), i.e., condonation of the delay of five years and thirty-four days in filing the first appeal.

Ratio / Principle

The Court rejected the submission that, if the delay were condoned, the Railway should have the right to make a prayer for waiver of the delayed period, the Judge stating he was 'not convinced' with the submission.

Key takeaways

Supporting the condonation, the Court characterised the Railway Claims Tribunal Act as beneficial legislation and took into account that the applicants are illiterate villagers doing odd jobs of labour, often jobless, and unaware of procedure, law and rules.ratio¶¶22
First Appeal (ST) No. 32783/2023 admitted.¶¶33
Appeal placed on 17/6/2026 to come up under the caption 'For Final Hearing'; appellants to file private paper-book within four weeks; parties to file compilation of documents, short synopsis with prepositions of law and authorities relied upon within four weeks; R&P to be sent by the trial Court to the High Court within four weeks.¶¶40

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (Rajesh S. Patil, J.), 8 April 2026: In FIRST APPEAL (ST) NO. 32783/2023, MR. MALLIKAARJUN P. KHUNE & ANR. v. THE UNION OF INDIA THR. THE GENERAL MANAGER, MUMBAI, Interim Application No. 9783/2024 filed by the original claimants (applicant no.1 son and applicant no.2 daughter of the deceased; applicant no.1 signed in Marathi) seeking condonation of delay of five years and thirty-four days in filing the appeal against the judgment dated 31/7/2018 of the Railway Claims Tribunal, Mumbai Bench, Mumbai, was ALLOWED in terms of prayer clause (a). Treating the Railway Claims Tribunal Act as beneficial legislation, the Court accepted that the applicants are illiterate villagers doing odd jobs of labour, sometimes jobless, and unaware of procedure, law and rules. The Railways' panel counsel's objection that no bona fide reasons were shown, and his submission that the Railway should retain the right to pray for waiver of the delayed period, did not prevail — the Judge was 'not convinced' with the latter submission. The first appeal was admitted; appellants to file private paper-book and parties to file compilation of documents, short synopsis with prepositions of law and authorities within four weeks; R&P to be sent by the trial Court to the High Court within four weeks; matter placed on 17/6/2026 under the caption 'For Final Hearing'.

26:BHC-AS:2

Diksha Rane 12 FA(ST) 32783 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

12 FIRST APPEAL (ST) NO. 32783/2023

WITH

INTERIM APPLICATION NO. 9783/2024 IN

FIRST APPEAL (ST) NO. 32783/2023

MR. MALLIKAARJUN P. KHUNE & ANR. ..APPELLANTS

VS

THE UNION OF INDIA THR. THE GENERAL MANAGER, MUMBAI ..RESPONDENT

Adv. Apoorv Vijay Singh for appellants.

Adv. Niranjan Shimpi a/w. Adv. Bhagyashri Waghmare for respondent.

CORAM : RAJESH S. PATIL, J.

DATE : 8 APRIL 2026.

P.C. :

INTERIM APPLICATION NO. 9783/2024 IN FIRST APPEAL (ST) NO. 32783/2023

1) This interim application has been filed by the original claimants seeking condonation of delay of five years and thirty-four days in filing the present first appeal.

2) Mr. Shimpi, learned counsel, who is on the panel of the Railways, is requested to appear in this proceeding.

1

Diksha Rane 12 FA(ST) 32783 2023.doc

3) Mr. Shimpi has strongly opposed this application on the ground that there are no bonafide reasons mentioned for which the delay should be condoned.

4) The Railway Claims Tribunal Act is a beneficial legislation. In paragraph nos. 3 and 4 of the interim application, it has been mentioned that the applicants are illiterate villagers and not aware about the procedure, law and rules of the land. They are doing odd jobs of labour which they get some time and some time not because it all depends on the availability of the job. Many a times they are jobless.

5) The interim application has been verified by the applicant nos.1 and 2. The applicant no.1 has signed the application in a vernacular language (Marathi). The applicant no.1 is son of the deceased and the applicant no.2 is the daughter of the deceased.

6) Mr. Shimpi submits that in case the Court is of the view that the delay should be condoned then the rights of the Railway of making a prayer that the period for which the delay has occurred that period should be waived.

7) I am not convinced with the submission made by Mr. Shimpi on this issue.

2

Diksha Rane 12 FA(ST) 32783 2023.doc

8) After hearing learned counsel appearing for both sides and after going through the contents of the interim application which is filed in the first appeal which challenges the judgment of the Railway Claims Tribunal, I am satisfied that a case is made out to allow the present interim application.

9) Interim Application is allowed in terms of prayer clause (a).

FIRST APPEAL (ST) NO. 32783/2023

10) This first appeal challenges the judgment dated 31/7/2018, passed by the Railway Claims Tribunal, Mumbai Bench, Mumbai.

11) Heard learned counsel for the parties.

12) Admit.

13) The appellants to file private paper-book within four weeks from today. A copy of the same to be served on other side.

14) R & P be sent by the trial Court to the High Court within four weeks from today.

15) Parties to file a compilation of documents, short synopsis along with their preposition of law and authorities relied upon by them within four weeks from today.

16) Place this first appeal on 17/6/2026.

3

Diksha Rane 12 FA(ST) 32783 2023.doc

17) Matter to come up under the caption “For Final Hearing” .

(Rajesh S. Patil, J.)

4

Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 08/04/2026 18:49:20