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Bombay High CourtCA/1669/2025admittedallowedgrantedrule absolute

Divisional Controller Maharashtra State Road Transport Dhule v. Dnyaneshwar Namdeo Hemade And ANR

2025-06-12Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:14885 1 958 ca 1669.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1669 OF 2025 IN FIRST APPEAL STAMP NO. 4457 OF 2025 Divisional Controller Maharashtra State Road Transport Dhule .. Applicant

Versus

Dnyaneshwar Namdeo Hemade and another .. Respondents Shri Narayan Chavan, Advocate h/f Shri Dnyaneshwar S. Bagul, Advocate for the Applicant.

Shri Chetan B. Choudhari, Advocate for the Respondent No. 1. CORAM : SHAILESH P. BRAHME, J.

DATE : 12TH JUNE, 2025.

FINAL ORDER :

.

Heard both sides.

2.

Applicant is praying for condonation of delay of 187 days caused in preferring first appeal. On the grounds stated in the application, delay is sought to be condoned.

3.

It is submitted by the learned counsel for the applicant that delay is unintentional. The respondent No. 1 opposes the submissions of the learned counsel for the applicant. 4.

Grounds pressed into service for condonation of delay are

2 958 ca 1669.25 not controverted by the respondents. Those are good grounds for condonation of delay. There are no malafides on the part of the applicant in preferring the appeal belatedly. By imposing certain conditions, it is desirable to condone the delay. 5.

The civil application is allowed in terms of prayer clause 'B' on condition that the applicant shall not be entitled for interest and statutory benefits for the delayed period. The civil application is disposed of. Office is directed to register the first appeal.

[ SHAILESH P. BRAHME J. ] bsb/June 25