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2025 DAILYLAW 14062 (JHR)

ANITA MANDAL v. UNION OF INDIA THROUGH THE GENERAL MANAGER EASTERN RAILWAY

C.M.P./538/2023 · 2025-04-25

Sanjay Kumar Dwivedi

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Judgment text

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2025:JHHC:12572 --1-- C.M.P. No. 538 of 2023 IN THE HIGH COURT OF JHARKHAND, RANCHI C.M.P. No. 538 of 2023 ---- Anita Mandal, aged about 51 years, wife of Nand Lal Mandal, Resident of village – Chhota Dhamni, PO – Bara Dhamni, PS – Sunder Pahari, District – Godda (Jharkhand) .... Petitioner -- Versus -- Union of India through the General Manager, Eastern Railway, Kolkata, PO and PS – Koylaghat, District – Kolkata, W.B. .... Opposite Party ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Vijay Shanker Jha, Advocate For O.P. :- Mr. Ravi Prakash, CGC ---- 06/25.04.2025 I.A. No.6663 of 2024 has been filed for condoning the delay of 271 days in filing of the C.M.P. which has been filed for restoration of M.A. No.539 of 2018. 2. Learned counsel appearing for the petitioner submits that the peremptory order for removing the defect was not complied and in view of that M.A. has been dismissed. He submits that in the meantime Covid-19 is a reason and in view of that the delay has occurred. 3. Learned counsel appearing for the Union of India submits that in light of Covid-19 the delay can be condoned as the statutory limitation has already been extended in a suo motu order by Hon’ble Supreme Court. 4. In view of that and considering the reasons assigned in the 2025:JHHC:12572 --2-- C.M.P. No. 538 of 2023 I.A., the prayer made in the I.A. is allowed and disposed of. 5. M.A. No.539 of 2018 was dismissed for non-compliance of the peremptory order and there is only one respondent i.e. Railway and for that Mr. Ravi Prakash, learned counsel has already appeared and the appellant is said to be the claimant and in view of that the Court finds that the sufficient ground is made out to restore the said M.A. to its original file, as such M.A. No.539 of 2018 is hereby restored to its original file and this C.M.P. is disposed of. (Sanjay Kumar Dwivedi, J.) Sangam/