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Bombay High CourtCAF/3030/2019disposed off

Maharashtra State Road Transport Corporation Through Its Divisional Officer v. Shri. Dharmu Malhari Katkar And ORS.

2022-06-24Hon'Ble Smt. Justice Anuja Prabhudessai5 pages

INTERIM APPLICATION (ST) NO.14311 OF 2022 1.

By this application, applicant-Maharashtra State Road Transport Corporation has sought to condone the delay and to recall the order dated 4th May, 2022 and to restore the appeal as against respondent no.5. It is stated that the said appeal was dismissed for not taking steps to serve respondent no.5. Applicant has stated that respondent no.5 was already served and affidavit of service was filed. However, advocate for the applicant due to inadvertence failed to remain present before the Registrar and failed to inform about the same. Considering the reasons stated in the 1/5

application, the order dated 4th May, 2022 is recalled. Appeal stands restored against respondent no.5.

Application stands disposed of.

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CIVIL APPLICATION NO.3030 OF 2019 By this application, the applicant has sought to condone the delay of 50 days in filing appeal. In view of the reasons stated in the application, which in my considered view, constitute sufficient ground. Delay is condoned. Appeal be registered.

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...Appellant Mr. Nitesh V. Bhutekar for the Appellant.

Issue notice to the respondents returnable after four weeks, i.e., 22nd July, 2022.

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CIVIL APPLICATION NO.3031 OF 2019 Learned counsel for the applicant states that the entire compensation along with interest as per the impugned judgment has been deposited before the Claims Tribunal, Satara. In the light of the said statement, impugned judgment and award is stayed pending hearing of the appeal. Application stands disposed of.

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