M.S.R.T.C., Thr Its Div. Controller, Nanded v. Anusaya Digambar Gajewad And ORS

1 947 ca 4088-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO.4088 OF 2023 IN FAST/33593/2019 WITH CA/13213/2019 IN FAST/33593/2019 ANUSAYA DIGAMBAR GAJEWAD AND ORS

VERSUS

M.S.R.T.C., THR ITS DIV. CONTROLLER, NANDED AND ANR ...

Advocate for Applicants : Mr. Taher Ali Quadri Quadri Taher Ali Advocate for Respondent No.1 : Mr. M. K. Goyanka Advocate for Respondent No.2 : Mr. B. G. Londhe ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 29/03/2023.

P. C. :

A) ORDER IN CIVIL APPLICATION NO.4088 OF 2023:

1.

It appears from the death certifcate of Sambhaji Ganpati Gajewad i.e. respondent No.4 in the main appeal, who was also one of the claimants, that he died on 29/05/2019. His legal representatives are already on record as submitted by the learned counsel for the applicants. As such, the appellant MSRTC is directed to delete the name of respondent No.4 from the title of main appeal forthwith.

2.

The learned counsel for the appellant MSRTC undertakes to fle certifed copy of spot panchanama.

3.

Call R & P.

4.

Stand over to 12/04/2023.

B) ORDER IN CIVIL APPLICATION NO.13213 OF 2019 : 1.

Heard rival submissions.

2 947 ca 4088-23 2.

The applicant MSRTC is seeking condonation of delay of only 20 days and therefore, considering the short period of delay, it stands condoned.

3.

The appeal be placed for admission after removal of offce objections, if any.

4.

The application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-