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Bombay High CourtCA/4386/2021delay condonatedrejected

M.S.R.T.C., Thr The Div. Controller, M.S.R.T.C., Osmanabad v. Sushen Navnath Shinde

2021-04-08Hon'Ble Shri Justice Anil S. Kilor2 pages

1 4386-2021-936-941

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4386 OF 2021 IN FAST/4068/2020 M.S.R.T.C., THROUGH THE DIV. CONTROLLER, M.S.R.T.C., OSMANABAD

VERSUS

SUSHEN NAVNATH SHINDE ...

AND CIVIL APPLICATION NO.4405 OF 2021 IN FAST/4077/2020 ...

Advocate for Applicant : Mr. Dhongade Anilkumar B. Advocate for Respondent : Mr. Manoj U. Shelke ...

CORAM : ANIL S. KILOR, J.

DATE : 08-04-2021 ORDER :

1.

These are the Applications filed by the Maharashtra State Road Transport Corporation in an Accident Claim for condonation of delay in filing Appeal, challenging the correctness and validity of the Judgment and Award passed by the learned Member, Motor Accident Claims Tribunal dated 26-08-2019 in Motor Accident Claims Petition no. 333 of 2016 and 332 of 2016.

2.

Heard learned counsels for the respective parties. 3.

Learned counsel for the applicant points out that sufficient cause has been shown in the Applications and the reasons stated in the

2 4386-2021-936-941 Application are justifiable for condonation of delay. He submits that the delay is of 16 days, same is bonafide and not intentional. It is submitted that since the delay is not inordinate, no prejudice would be caused to the non-applicant if the delay is condoned.

4.

Learned counsel for the respondent Shri Shelke has no serious objection looking to the period of delay.

5.

In that view of the matter, and in view of the reasons stated in the Applications, the Applications are allowed. Delay of 16 days is condoned in filing the Appeals. Civil Applications are disposed of. 6.

Call Record and Proceedings. Registry is directed to register the Appeals and place the Appeals for admission after receiving the Record and Proceedings.

[ ANIL S. KILOR ] JUDGE arp/