Maharashtra State Road Transport Beed v. Rutuja Suresh Mundhe And ORS

2025:BHC-AUG:24786 21-sr936.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3658 OF 2025 IN FAST/8671/2025 Maharashtra State Road Transport, Beed

VERSUS

Rutuja Suresh Mundhe And Ors ---- Mr.D.S.Bagul, Advocate for applicant Mr.P.D.Jarare, Advocate for respondents ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 12 2025 ORDER :- Being aggrieved by the judgment and award dated 04.10.2024, passed by Ex-Officio Member of MACT, Ambajogai, in MACP No.104/2023, the applicant/appellant, has preferred present First Appeal. This is an application for condonation of delay of 72 days. The applicant seeks condonation of delay on the explanation expressed in the application.

2.

The applicant/appellant submits that they are public/Government body and there are various processes in filing an appeal in the court. That, the administrative exigency in obtaining various approvals as also requisite funds/court fees consumes much time, which results into such delay. The applicant further submits that

21-sr936 the delay caused in filing the appeal is neither deliberate nor willful nor outcome of any lethargy on the part of any authority. That, valuable interest/right of the applicant/appellant are involved in the matter. The applicant/appellant is the custodian of the funds. It is further submitted that for the reasons stated above, the applicant seeks condonation of delay with a prayer to adjudicate the appeal on its merits.

3.

Mr.Jarare, learned counsel for the claimants, in all fairness, concedes to condone the delay, since the appellant has deposited the entire payable award amount in this court, whereby, interest of the claimants is also secured.

4.

In view of the above, delay in filing present First Appeal deserves to be condoned. Hence I pass following order:- (i) The delay of 72 days in filing the First Appeal stands condoned. The application stands allowed.

(ii) The Registry to register the appeal, subject to removal of the office objections, if any, by the applicant/appellant. On registration, issue notice to the respondents. Mr.Jarare, learned counsel for the respondents.

21-sr936 (iii) In the meantime, applicant/appellant shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

Appeal ST No.8671/2025:- 5.

Issue notice to the respondents. Mr.Jarare, learned counsel waives notice for respondent-State authorities. 6.

Call Record and Proceedings.

[AJIT B. KADETHANKAR, J.] KBP