(1.) PRESENT First Appeal has been preferred by the Appellants-Original claimants under Section-23 of the Railway Claims Tribunal Act, 1988, being aggrieved by the impugned judgment and order dated 06/04/2011 passed in Case No. IANo.22/2008 by the Railway Claims Tribunal, Ahmedabad on the grounds stated in the memo of present appeal.
(2.) AS stated in the appeal memo, the incident in question has occurred on 06/02/2005 and the petition has been filed on 05/09/2008 i.e. after delay of two years and seven months. The impugned order has been passed by the Tribunal referring to Section-17(1)(b) of the Railway Claims Tribunal Act observing that in view of the provisions in the Railway Claims Tribunal Act, delay cannot be condoned and such application is barred as per Section-17(2) of the Act. Provisions of Section-17(2) provides that:
(3.) PER contra, learned advocate Mr. Ravi Karnavat for the respondent resisted that application and submitted that the delay could not be condoned and the trial court has refused to condone the same properly.