Mukhtar Ahmed Shabbir Pathan v. The Divisional Controller Maharashtra State Road Transport Corporation And ORS

13-sr961.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3319 OF 2025 IN FAST/9121/2025 Mukhtar Ahmed Shabbir Pathan

VERSUS

The Divisional Controller, Maharashtra State Road Transport Corporation And Ors ---- Mr.N.P.Ade, Advocate h/f. Mr.S.P.Rathod, Advocate for applicant Mr.A.B.Dhongade, Advocate for respondent no.1 ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 18, 2025 ORDER :- Feeling aggrieved by the judgment and award dated 11.10.2024, passed by learned Member, M.A.C.T., Shrirampur, in M.A.C.P. No.36/2016, the claimant has lodged present appeal. It is contended that there is delay of 65 days. Learned counsel for the applicant submits that the delay was neither intentional not deliberate. He wold further submit that claimants have explained the delay in paragraphs 4 and 5 of the application. He would further submits that the rights and liabilities of the parties need to be adjudicated on merits. He, therefore, prays for condonation of delay. 2.

Mr.Dhongade, learned counsel, in all fairness, concedes for condonation of delay, however, objects for grant of interest for the delayed period.

13-sr961 3.

Upon hearing the parties, I am of the opinion that the applicant has made out a case for condonation of delay. Hence, the Civil Application for condonation of delay is allowed. The delays stands condoned. Registry is directed to register the appeal, provided that the applicant/appellant removes all the office objections within two weeks from today. On registration, issue notice to the respondents. Mr.Dhongade, learned counsel waives notice for respondent no.1.

4.

The matter be listed after service of notice is complete. In the meantime, applicant/appellants shall take recourse to Chapter II of the Bombay High Court Appellate Side Rules, 1960, corresponding to the position of the matter.

5.

Office objections be removed within two weeks, failing which the matter shall stand dismissed automatically, without reference to the court.

[AJIT B. KADETHANKAR, J.] KBP