Maha. State Road Transport Corporation, Thr. Divisional Controller, Nagpur v. Smt. Sandhya Wd/O Hemant Nikose And Others

2025:BHC-NAG:12636 1 15. CAF 428 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.428 OF 2025 IN FIRST APPEAL (STAMP) NO.24811 OF 2024 MAHA. STATE ROAD TRANSPORT CORPORATION, THR.

DIVISIONAL CONTROLLER, NAGPUR

VERSUS

SMT. SANDHYA WD/O HEMANT NIKOSE 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 3. 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 333 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 333 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 333

2 15. CAF 428 of 2025.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 Rashtrsant 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.24811 OF 2024 6.

Heard.

7.

Admit.

8.

Advocate Mr. A.S. Ghatole, who appears for respondent Nos.1 to 3 , waives service of notice on behalf of respondent Nos.1 to 3.

9.

Call Record and Proceedings.

(PRAFULLA S. KHUBALKAR, J.) asd