Maharashtra State Road Transport Corporation Limited,Mumbai v. Shri. Keshavlal Babulal Oswal And ORS.

1 44-CAF 1608-17 in FAST 32541-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1608 OF 2017 IN FIRST APPEAL (ST) NO.32541 OF 2016 Maharashtra State Road Transport Corporation Limited, Mumbai ... Applicant Vs.

Shri Keshavlal Babulal Oswal & Ors.

... Respondents ----- Mr. Yashodeep P. Deshmukh a/w Ms. Vaidehi Deshmukh for applicant.

Mr. Suhas S. Inamdar h/f Mr. Sushil A. Inamdar for respondents No. 1 to 3.

Mr.R.B. Kulkarni h/f Mr.P.B. Kulkarni for respondent No.4. ----- CORAM: ABHAY AHUJA J.

DATE : 18TH SEPTEMBER, 2021 P.C.:

1.

Heard. Learned counsel for applicant submits that there is a delay of 53 days in preferring the appeal against the judgment and award dated 20th June, 2016 passed by the Motor Accident Claims Tribunal, Satara in MACP No.530 of 2011. 2.

Learned counsel for applicant draws our attention to paragraphs 2 and 3 of the application for explaining the delay. 3.

Learned counsel appearing for respondents No. 1 to 3 MUGDHA M PARANJAPE and for respondent No.4 have no particular objection. MUGDHA M PARANJAPE Date: 2021.09.21 12:21:16 +0530 Mugdha

2 44-CAF 1608-17 in FAST 32541-16.odt 4.

It is also observed that notice was issued to respondent No.5 on 16th January, 2018. Despite this, none appears for respondent No.5. We also note that upon an application made by applicant, the impugned order has already been stayed vide order dated 16th January, 2018.

5.

Having heard learned counsel for the parties and having perused the civil application with their assistance, this court is of the view that suffcient cause has been made out for condonation of delay of 53 days, the same is accordingly condoned. Civil Application is disposed.

6.

List the appeal for admission on 05/10/2021.

7.

The appellant is directed to serve true copies of the appeal memo on the advocates for respondents as well as the unrepresented respondent No.5 and fle affdavit of service before the next date.

(ABHAY AHUJA, J.) Mugdha