Jayram S/O Mhasaji Awasarmol v. Maharashtra State Road Transport Corporation Thr Its Divisional Controller Buldana

1 17caf1028.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 1028 OF 2025 IN FIRST APPEAL ST NO. 13886 OF 2024 (Jayram s/o Mhasaji Awasarmol Vs. MSRTC, thr its Divisional Controller, Divisional Office, Buldhana) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. P. Pawar, Advocate for the applicant.

Mr. V.H. Kedar, Advocate for the respondent.

CORAM : ABHAY J. MANTRI, J.

DATED : 19-08-2025 Heard.

2.

Applicant/appellant has filed this application to condone the delay of 351 days caused in filing this appeal, for which learned counsel for the respondent has objected.

3.

Having considered the reasons disclosed in the application as well as having gone through the impugned judgment and Award, and since the Motor Vehicle Act is a beneficial legislation, I deem it appropriate to allow the application by affording an opportunity to the appellant to contest the appeal on merit, subject to cost of Rs. 5,000/-.

4.

As per the request of learned counsel for the respondent, the cost be paid to the High Court Bar Association Library, as the learned counsel for the respondent has not claimed it for the respondent. 5.

In view of the above, the application is allowed, subject to a cost of Rs. 5,000/- to be paid to the High Court Bar Library, within three weeks.

2 17caf1028.2025..odt 6.

On deposit of the costs, within the stipulated period, the appeal to be registered. If the applicant fails to comply with the order, the application shall stand dismissed without further reference to the Court.

7.

If the order is complied with, list the matter on 09.09.2025. FIRST APPEAL ST NO. 13886 OF 2024.

Heard.

2.

Having considered the grounds raised in the appeal memo, the appeal is 'Admitted', subject to payment of costs as stated above. 3.

Issue notice to the respondents, returnable after three weeks. 4.

Mr. Kedar, learned counsel, waives notice for the respondent. 5.

Call record and proceedings.

(ABHAY J. MANTRI, J.) Belkhede