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Bombay High CourtCAF/2843/2024allowed

The Controller, Maha. State Road Transport Corporation, Thr. Its Divisional Office, Nagpur v. Archana Wd/O Suresh Dhote And Others

2025-11-21Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2025:BHC-NAG:12634 1 14. CAF 2843 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.2843 OF 2024 IN FIRST APPEAL (STAMP) NO.15981 OF 2024 THE CONTROLLER, MAHA. STATE ROAD TRANSPORT CORPORATION, THR. ITS DIVISIONAL OFFICE, NAGPUR

VERSUS

ARCHANA WD/O SURESH DHOTE AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.D. Kedar, Advocate for Applicant.

Mr. A.S. Ghatole, Advocate for Respondent Nos.1 to 4. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 21st NOVEMBER 2025 1.

Heard learned Advocate for the applicant as well as learned Advocate for the respondents.

2.

This is an application for condonation of delay of 178 days in filing the first appeal under Section 173 of the Motor Vehicle Act.

3.

Learned Advocate for the applicant corporation submits that the delay in filing the appeal occurred on account of obtaining necessary permissions and approvals and arranging the court fees. It is submitted that the delay of 178 days is unintentional and needs to be condoned in the interest of justice.

4.

Having regard to the contents of the application and submissions advanced, the application is allowed and the delay of 178

2 14. CAF 2843 of 2024.odt days in filing the first appeal is condoned, however, subject to costs of Rs.3,000/- (Rupees Three Thousand Only), to be deposited by the applicant corporation to Rashtrasant Tukdoji Regional Cancer Hospital, Tukdoji Square, Nagpur, within a period of four weeks from today and submit the receipt of payment of costs in this Court. 5.

In view of the above, the civil application is disposed of. FIRST APPEAL (STAMP) NO.15981 OF 2024 6.

Heard.

7.

Admit.

8.

Advocate Mr. A.S. Ghatole, who appears for respondent Nos.1 to 4, waives service of notice on behalf of respondent Nos.1 to 4.

9.

Call Record and Proceedings.

(PRAFULLA S. KHUBALKAR, J.) asd