The Maharashtra State Road Transport Corporation Through Its Divisional Manager v. Savitra Ramchandra Jadhav And ANR.
10-ia-3450-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3450 OF 2019 IN FIRST APPEAL (ST.) NO.30412 OF 2019 VISHAL SUBHASH PAREKAR The Maharashtra State Road Transport Corp.
...Applicant vs.
Savitra Ramchandra Jadhav and Ors.
...Respondents
VISHAL SUBHASH PAREKAR Date: 2021.11.24 14:49:02 +0530 Ms. Ayodhya Patki i/b. Mr. Nitesh Bhutekar, for the Appellant. Mr. Pritesh Bohade, for the Respondent CORAM :
N. J. JAMADAR, J.
DATE :
NOVEMBER 24, 2021 P.C.:
.
Heard the learned counsel for the applicant/original respondent No. 2. and the learned counsel for respondent/original claimant.
2.
This application is taken out to condone the delay of 190 days in preferring the appeal against the judgment and award passed by learned MACT, Satara dated 27th February, 2019 in MACP No. 436 of 2015.
3.
In paragraph Nos. 4 and 5 of the application the applicant has ascribed reasons for delay in fling the appeal. The averments in the application thus make out a suffcient cause for condonation of delay. It is trite that the Courts lean in favour of the condonation of Vishal Parekar, P.A.
...1
10-ia-3450-2019.doc delay so as to advance the cause of substantive justice. 4.
In the case at hand, while staying the execution of the impugned award this Court had directed the applicant to deposit the entire amount of compensation along with interest accrued thereon. The applicant has deposited the said amount, in conformity with the order of this Court. The respondent/claimant has been permitted to withdraw 50% of the amount of compensation, as well.
5.
In the circumstances, it would be expedient in the interest of justice to condone the delay. Hence, the following order:
ORDER
1] The application stands allowed.
2] The delay in preferring the appeal against the judgment and award passed by the learned MACT, Satara dated 27th February, 2019 in MACP No. 436 of 2015 stands condoned. 3] Appeal be registered.
(N. J. JAMADAR, J.) Vishal Parekar, P.A.
...2