Ramrao Ganpatrao Satarkar (Deceased) Thr. Legal Heirs. Rajesh Ramrao Satarkar v. Asha Satish Shah And ORS.

906 caf 1217-01.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1217 OF 2001 WITH CIVIL APPLICATION NO.1218 OF 2021 IN FIRST APPEAL (ST) NO. 10105 OF 2001 Ramrao Ganpatrao Satarka (since deceased) Through Legal Heir Rajesh R. Satarkar ..Applicant v/s.

Asha Satish Shah & Ors.

..Respondents Mr. Sandeep Jinsiwale for the Applicant .

CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th JUNE, 2022.

P.C.

1.

By this application the Applicant has sought to condone the delay of 468 days in challenging the Judgment and Award dated 11.8.1999 passed by the Claims Tribunal in Claim Petition under Section 166 of the Motor Vehicles Act. The only ground raised by the Applicant is that the file was sent to the Advocate on 5.10.1999 and that it was misplaced and found only on 9.3.2022.

2.

As noted above, the judgment was pronounced on 11.08.1999. Teh application does not state when the file was misplaced and does not disclose the steps taken to reconstruct the files. The reasons stated in the application, in my considered view, do not constitute sufficient grounds. Hence the Application for Condonation of delay is dismissed. P P SALGAONKAR

906 caf 1217-01.doc 3.

Consequently, the Appeal as well as Civil Application, if any, stand rejected.

4.

It is stated that the Applicant has already deposited the amount before the Claims Tribunal. Same to be paid to the Respondent/ Original Claimant as per the order.

Digitally signed by PRASANNA P SALGAONKAR Date:

2022.06.18 10:42:37 +0530 (ANUJA PRABHUDESSAI, J.) PRASANNA P SALGAONKAR P P SALGAONKAR