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Bombay High CourtWP/4008/2025partly allowed

Munnaprasad Hariram Sharma v. Anuradha Dnyaneshwar Yadav

2025-04-28Hon'Ble Shri Justice Shailesh P. Brahme2 pages

16-WP-4008-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4008 OF 2025 Munnaprasad Hariram Sharma ..Petitioner

Versus

Anuradha Dnyaneshwar Yadav & Ors

...Respondents

Mr. Ajit M. Savagave, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED :

28th APRIL 2025 P.C.:

1.

Heard the learned Counsel for the Petitioner. 2.

The learned Counsel for the Petitioner seeks leave to amend the Petition.

Leave granted. Necessary amendment be carried out within a week's time. Re-verification dispensed with.

3.

The question, whether the Motor Accident Claims Tribunal was ARUN RAMCHANDRA SANKPAL justified in rejecting an Application for condonation of delay of one ARUN RAMCHANDRA SANKPAL Date: 2025.04.29 09:10:45 +0530 month and 28 days in filing an Application to set aside an ex parte Award dated 19th July 2023 in Motor Accident Claims Petition No. 225 of 2019, arises for consideration.

4.

Issue notice to Respondents returnable on 12th June 2025 1/2

16-WP-4008-2025.DOC 5.

In addition to notice through Court, the Petitioner is at liberty to serve the Respondents by private service and file an Affidavit of Service. 6.

Stand over to 12th June 2025.

7.

In the meanwhile, the Petitioner shall deposit a sum of Rs. 50,000/- in this Court towards the costs of the Respondents, within a period of two weeks. The deposit of the amount of Rs.50,000/- shall be a condition precedent for entertaining this Petition. 8.

In the meanwhile, the Tribunal is requested to defer the hearing of Execution Petition to execute the award passed in Motor Accident Claims Petition No. 225 of 2019.

9.

It is hereby made clear that if the Petitioner fails to deposit the amount of Rs. 50,000/- within the period of two weeks, then the Petition shall stand dismissed without further reference to the Court. [N. J. JAMADAR, J.] 2/2