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Bombay High CourtCA/12087/2021delay condonatedrejected

Shantabai Pandurang Buddhalwad And ORS v. Thr M.S.R.T.C.,Ltd., Bombay Thr Its Div. Controller, Nanded And ORS

2023-01-30Hon'Ble Shri Justice Sandipkumar C. More2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 51 CIVIL APPLICATION NO.12087 OF 2021 IN FAST/24873/2019 SHANTABAI PANDURANG BUDDHALWAD AND OTHERS

VERSUS

THR M.S.R.T.C.,LTD., BOMBAY THR ITS DIV. CONTROLLER, NANDED AND OTHERS ...

Advocate for Applicants : Ms. Manisha Dalave h/f. Mr.Nagarkar Kiran M.

Advocate for Respondent No.1 : Mr.

Wange Anand Dnyanoba Advocate for Respondent No.2 : Mr.Gadegaonkar Bharat N. ...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 30.01.2023 PER COURT :

Heard rival submissions. The applicants are claiming condonation of delay of 421 days which appears to be caused due to their financial crisis. The learned counsel for the respondent - M.S.R.T.C. as well as learned counsel for respondent No.2 -owner strongly opposed the application on the ground that there is also circulation delay. However, considering the statutory right of applicants, the delay of 421 days stands condoned subject to condition that the applicants shall not claim any interest for the aforesaid delay and also for delay in circulating the matter belatedly, on the enhanced compensation, if granted.

2.

Appeal be placed for admission after removal of office objections, if any.

3.

The application is disposed of accordingly.

(SANDIPKUMAR C. MORE) JUDGE .....

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