Protik Prakash Banerjee, J. - (1.) This is an appeal barred by limitation of eighty-seven days. It has been preferred by the Railway administration against an award passed by the learned Railway Claims Tribunal, Kolkata Bench in Claim Application No.OA(IIU)/KOL/2013/0357 on August 1, 2016, on an application which was taken out under Section124A of the Railways Act, 1989 (hereafter the Act).
(2.) The delay of eighty-seven days has been sufficiently explained in the application being CAN 1959 of 2017. It appears that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation. Accordingly, the application for condonation of delay is allowed. The appeal is directed to be taken on file and register if it is otherwise in form.
(3.) At the time of consideration of the application for stay being Civil Application No.1962 of 2017 after going through the case made out by Mr. Swapan Banerjee, learned Counsel appearing for the Railways, it appears to us that the appeal itself could be disposed of finally on the basis of the submissions made by the parties without limiting ourselves to the stay application.;