Maharashtra State Road Transport Corporation Latur v. Dnyaneshwar Bhaguram Somwanshi

2025:BHC-AUG:25124

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13766 OF 2024 IN FAST/33908/2024 Maharashtra State Road Transport Corporation Latur

VERSUS

Dnyaneshwar Bhaguram Somwanshi WITH CIVIL APPLICATION NO. 13767 OF 2024 IN FAST/33908/2024 Maharashtra State Road Transport Corporation Latur

VERSUS

Dnyaneshwar Bhaguram Somwanshi ...

Mr. Narayan Chavan h/f Mr. D. S. Bagul, Advocate for Applicant .....

CORAM : AJIT B. KADETHANKAR.

DATED : 16TH SEPTEMBER, 2025 ORDER :- CIVIL APPLICATION NO. 13766 OF 2024 (DELAY) .

Heard Mr. Narayan Chavan h/f Mr. D. S. Bagul, representing the appellant/M.S.R.T.C.

2.

Mr. Narayan Chavan h/f Mr. D. S. Bagul submits that the First Appeal is filed against the judgment and award dated 30.04.2024, passed by the learned Ex-Officio Member of Maharashtra Accident Claims Tribunal, Latur in M.A.C.P. No.80 of 2021. He would further submit that there is a delay

of 112 days caused in filing the First Appeal. He then submits that the delay is arisen due to administrative exigency that is been due to various approval to be obtained and also time consumed in making the requisite funds. He further submits that there is no lethargy nor negligence on the part of any authority in causing the delay. Mr. Chavan further submits that the appeal raises on very strong points of merits and facts itself. He further submits that as appellant has deposited entire award amount together with accrued interest with this Court, the interest of the claimant stands well protected. 3.

Notices were issued to the respondents in the present matter. The office note shows that the respondent nos.1 and 2 are served. Today, nobody caused appearance for respondent nos.1 and 2, although as per office note they are well served. In the circumstances, I pass following order.

ORDER

a.

Civil Application stands allowed in terms of prayer clause 'B'.

b.

Delay of 112 days caused in filing the First Appeal stands condoned.

c.

Appeal be registered, subject to removal of all office objections within two weeks from today.

FIRST APPEAL ST. NO.33908 OF 2024:

.

Issue notice to the respondents.

2.

Call Record and Proceeding.

3.

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.

CIVIL APPLICATION NO. 13767 OF 2024 (STAY) .

Mr. Narayan Chavan h/f Mr. D. S. Bagul, learned Advocate for the appellant/applicant submits that pursuant to the stay granted by this Court vide order dated 18.06.2025, the appellant/applicant has deposited the entire award amount in this Court.

2.

In view of the above statement, the stay granted earlier is made absolute.

3.

Civil Application stands allowed.

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