Maharashtra State Road Transport Carporetion Osmanabad v. Khandu Shahuraj Ghadge

2025:BHC-AUG:24442

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3671 OF 2025 IN FAST/9674/2025 Maharashtra State Road Transport Carporetion Osmanabad

VERSUS

Khandu Shahuraj Ghadge ...

Mr. D. S. Bagul, Advocate for Applicant Mr. V. V. Ingle, Advocate for Respondents .....

CORAM : AJIT B. KADETHANKAR.

DATED : 11TH SEPTEMBER, 2025 ORDER :- .

Feeling aggrieved by the judgment and award dated 12.06.2024, passed by the learned Member, Motor Accident Claims Tribunal, Dharashiv in Motor Accident Claim Petition No.296 of 2016, original respondent i.e. Maharashtra State Road Transport Corporation has lodged present First Appeal. It is contended that there is delay of 159 days in lodging the First Appeal. Notices were issued in this matter and Mr. V. V. Ingle has caused his appearance for the solerespondent/claimant. 2.

Today, when the matter was called out in the first session, Mr. V. V. Ingle, learned Advocate did not remain

present. Hence, the matter was again kept in the second session of the day for appearance of Mr. V. V. Ingle. In the second session also, Mr. V. V. Ingle, learned Advocate for the claimant is not present.

3.

It is submitted by the applicant/M.S.R.T.C that delay has arisen due to administrative exigency. There are arguable points in the First Appeal and if the delay is not condoned and matter is not heard on merits, public money would be at stake. Learned Advocate Mr. D. S. Bagul further submits that the delay is not deliberate and there is no lethargy or negligence on the part of any authority in filing present First Appeal. Due to administrative exigency and for the reasons, which were beyond the control of the applicant, the delay is caused.

4.

Hence, in such circumstances, I feel it appropriate to pass following order:

a.

Civil Application is allowed.

b.

Delay caused in filing First Appeal stands condoned.

c.

Registry to register the appeal, subject to removal of office objections within four weeks from today.

d.

After registration of appeal, issue notice to respondent returnable on 09.10.2025.

e.

Civil Application stands disposed of.

5.

The matter be listed after service of notice is complete. In the meantime, applicant/appellant shall take recourse to the provisions enumerated in Chapter II of the Bombay High Court Appellate Side Rules, corresponding to the stage and requirement of matter.

( AJIT B. KADETHANKAR, J. ) Rushikesh/2025