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Bombay High CourtCA/9734/2025admittedallowedgrantedrule absolute

Sayyed Sayma Sayyad Awes And ORS v. M/S Revita Tours And Travel And ANR

2025-09-10Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

2025:BHC-AUG:24448 ( 1 ) 946 CA 9734 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CIVIL APPLICATION NO. 9734 OF 2025 IN FAST/5703/2024 SAYYED SAYMA SAYYAD AWES AND ORS

VERSUS

M/S REVITA TOURS AND TRAVEL AND ANR ...

Mr. Syed Moisali Amjedali, Advocate for Applicants ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 10th SEPTEMBER 2025 PER COURT :- 1.

Being aggrieved and dissatisfied by the impugned judgment and award dated 31.08.2023, passed by the learned Chairman, Motor Accident Claims Tribunal, Aurangabad in M.A.C.P. No.765/2021, the appellants have filed this First Appeal seeking compensation on account of accidental death of one Mr. Sayyed Awes Sayyed Ahemad, contending that the compensation awarded by the Tribunal is inadequate. 2.

It is submitted that registration of the First Appeal stood refused on the ground of failure to remove office objections. The applicants/claimants seek condonation of delay of 457 days in filing the application for restoration of First Appeal. They pray for restoration of

( 2 ) 946 CA 9734 OF 2025 First Appeal Stamp No.5703 of 2024 and Civil Application Stamp No.5704/2024.

3.

For the reasons mentioned in the application, the Civil Application is allowed in terms of prayer clause "A", "A-1", "B" and "C". The delay of 457 days is hereby condoned.

4.

First Appeal Stamp No.5703/2024 and Civil Application Stamp No.5704 of 2024 be restored to its original position on condition that the applicants shall remove office objections within four weeks from today. Failure to remove such objections within the aforesaid time shall automatically take away the effect of this order and the proceedings shall stands dismissed.

[AJIT B. KADETHANKAR, J.] PRW