Jharkhand High Court
Smt. Lilo Devi And Others vs Union Of India on 1 June, 2020
Author: Kailash Prasad Deo
Bench: Kailash Prasad Deo
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M. A. No. 592 of 2018
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Smt. Lilo Devi and Others ........... Appellants Versus Union of India ........ Respondent CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) .......
For the Appellant :Mr. S. K. Thakur, Advocate For the Respondent :Mr. Gautam Rakesh, Advocate .......
07/01.06.2020 The appellants have preferred the instant appeal as the claim application has been dismissed vide order dated 17.04.2018 passed in Case No. OA(IIU)/RNC/61/2017.
Learned counsel for the appellants has submitted that Coordinate Bench of this Court vide order no.04 dated 29.03.2019 directed the Railway to file counter affidavit within a period of three weeks and further pleased to condone the delay vide order no.05 dated 26.04.2019. This Court vide order dated 09.08.2019 has been pleased to call for the Lower Court Records and the same has been received, as such, the appeal may be heard without any counter affidavit.
Learned counsel for the respondent, Mr. Gautam Rakesh has submitted that by way of last chance, three weeks' time may be granted for filing counter affidavit, failing which he will argue the case on merits.
Considering rival submissions of the parties, last indulgence is granted to the Railway to file counter affidavit within a period of three weeks by serving a copy of the same upon learned counsel for the appellants, failing which the counter affidavit filed by the Railway shall be accepted only after payment of cost of Rs.10,000/- to the appellants.
Let the appeal be listed after three weeks.
(Kailash Prasad Deo, J.) Sunil-Jay/