The Maharashtra State Road Transport Corporation Through Its Divisional Manager v. Snagita Suresh Mali And ORS.

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43. ia 4074-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4074 OF 2019 IN FIRST APPEAL (ST) NO. 31422 OF 2019 The Maharashtra State Road Transport Corporation ...Applicant vs.

Sangita Suresh Mali & Ors.

...Respondents

Ms.Ayodhya Patki i/b. Nitesh V. Bhutekar for Applicant. CORAM : ANIL S. KILOR, J.

DATED : 25 JANUARY 2022 P.C. :

Heard Ms. Patki, learned Counsel appearing for the Applicant. None for the Respondents, though served.

2.

Ms. Patki, learned Counsel appearing for the Applicant, points out that there is a delay of 79 days in filing the first appeal challenging the judgment and award dated 1 April 2019 passed by learned Motor Accident Claims Tribunal at Nashik in MACP No.777/2017 directing the Applicant to pay the compensation of Rs.8,57,584 along with interest at the rate of 7% p.a.

3.

It is submitted that the Applicant being Government undertaking, the time was consumed in obtaining the approval and completing the administrative process. It is submitted that the delay caused in filing the appeal is not intentional but bonafide and therefore, it is prayed that the delay may be condoned.

Digitally signed by SANSKRUTI A THAKUR Date:

2022.01.29 11:00:01 +0530 1 / 2 SANSKRUTI A THAKUR

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43. ia 4074-2019 4.

After going through the application and the various dates mentioned in the application to show the time spent in obtaining the approval and completing the administrative process for filing the first appeal, I am of the opinion that sufficient cause has been shown by the Applicant for condonation of delay. Moreover, no reply opposing the present application or disputing the fact stated in the application has been filed by the Respondents.

5.

In that view of the matter, I pass the following order :

ORDER

(i) The application for condonation of delay is allowed. The delay caused in filing the first appeal is condoned.

(ii) The office is requested to register the first appeal and place the same before the court for admission. (ANIL S. KILOR, J.) 2 / 2