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Bombay High CourtIA/4331/2023disposed off

The Maharashtra State Road Transport Corporation Through Divisional Controller, Thane v. Mr. Pandurang Rajaram Tembhe

2024-01-11Hon'Ble Justice Dr. Neela Kedar Gokhale2 pages

28-ASIAFA-4331-2023.DOC 2024:BHC-AS:1397 Gaikwad RD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4331 OF 2023 IN FIRST APPEAL (ST) NO.12094 OF 2023 WITH FIRST APPEAL (ST) NO.12094 OF 2023 The Maharashtra State Road Transport Corporation through Divisional Controller, Thane ...Applicant In the Matter Between:

The Maharashtra State Road Transport Corporation through Divisional Controller, Thane ...Appellant

Versus

Mr. Pandurang Rajaram Tembhe

...Respondent

Ms. Gargi Warunjikar, i/b. Mr. Nitesh Bhutekar, for the Applicant. Ms. Neesha Mailagir, for the Respondent.

CORAM

Dr. Neela Gokhale, J.

DATED:

11th January 2024 PC:- 1.

The application seeks condonation of delay of 79 days in preferring the appeal against the judgment and award dated 17th October 2022 passed by the Member, Motor Accident Claim Tribunal, Thane in MACP No.388 of 2017. The reason for delay have been explained in detail in paragraph 3 of the application. 11th January 2024

28-ASIAFA-4331-2023.DOC 2.

Considering the averments in the application and submission made by Ms. Warunjikar, learned counsel for the Applicant, I find that there is sufficient cause made out to condone the delay. In view of the same, delay of 79 days is condoned. The application is allowed.

3.

The Applicant/Appellant is at liberty to file compilation of documents within a period of four weeks from today. (Dr. Neela Gokhale, J) 11th January 2024