Bhanudas Sadashiv Shelke (Died) Vimalbai Banudas Shelke v. Shaikh Alimoddin Rajesab And Others

2025:BHC-AUG:24597 ( 1 ) 947 CA 9735 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO. 9735 OF 2025 IN FAST/22299/2022 BHANUDAS SADASHIV SHELKE (DIED) VIMALBAI BANUDAS SHELKE

VERSUS

SHAIKH ALIMODDIN RAJESAB AND OTHERS ...

Mr. G. R. Syed, Advocate for Applicant ...

CORAM

: AJIT B. KADETHANKAR, J.

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

Being aggrieved and dissatisfied by the judgment and order dated 28.01.2022, passed by the learned Motor Accident Claim Tribunal, Nanded in MACP No.474/2014, the applicant has preferred this First Appeal Stamp No.22299 of 2022.

2.

The applicant submits that there is delay of 1011 days in filing Civil Application for restoration of First Appeal Stamp No.22299 of 2022.

3.

Mr. G. R. Syed, learned counsel for the applicant submits that due to ill health, he could not removed office objection within the given time and as such the registration of the First Appeal Stamp

( 2 ) 947 CA 9735 OF 2025 No.22299 of 2022 and Civil Application stood refused. Vide present Civil Application, Mr. Syed, learned counsel for the applicant seeks restoration of First Appeal Stamp No.22299 of 2022 to its original position. In order to justify the delay, Mr. Syed submits that the applicant was not aware about the legal process and hence there was no communication in between the parties. He further submits that no prejudice would cause to anybody if the delay is condoned. 4.

For the reasons mentioned in the application, the Civil Application is allowed. The delay of 1011 days is hereby condoned. 5.

First Appeal Stamp No.22299 of 2022 be restored to its original position subject to the condition that the applicant shall remove all the office objections within four weeks from today. Failure to remove office objection shall automatically nullify the effect of this order and the proceedings shall stands dismissed.

[AJIT B. KADETHANKAR, J.] PRW