M.S.R.T.C., Thr The Div. ... vs Sushen Navnath Shinde
2021 Latest Caselaw 6288 Bom

                                          1                    4386-2021-936-941


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD

                          CIVIL APPLICATION NO.4386 OF 2021
                                  IN FAST/4068/2020

 M.S.R.T.C., THROUGH THE DIV. CONTROLLER, M.S.R.T.C., OSMANABAD
                              VERSUS
                    SUSHEN NAVNATH SHINDE
                                ...

                                         AND
                          CIVIL APPLICATION NO.4405 OF 2021
                                  IN FAST/4077/2020

                                          ...
                 Advocate for Applicant : Mr. Dhongade Anilkumar B.
                   Advocate for Respondent : Mr. Manoj U. Shelke
                                          ...

                                      CORAM : ANIL S. KILOR, J.
                                      DATE : 08-04-2021

ORDER :

1. These are the Applications filed by the Maharashtra State Road

Transport Corporation in an Accident Claim for condonation of delay in

filing Appeal, challenging the correctness and validity of the Judgment and

Award passed by the learned Member, Motor Accident Claims Tribunal

dated 26-08-2019 in Motor Accident Claims Petition no. 333 of 2016 and

332 of 2016.

2. Heard learned counsels for the respective parties.

3. Learned counsel for the applicant points out that sufficient

cause has been shown in the Applications and the reasons stated in the

2 4386-2021-936-941

Application are justifiable for condonation of delay. He submits that the

delay is of 16 days, same is bonafide and not intentional. It is submitted

that since the delay is not inordinate, no prejudice would be caused to the

non-applicant if the delay is condoned.

4. Learned counsel for the respondent Shri Shelke has no serious

objection looking to the period of delay.

5. In that view of the matter, and in view of the reasons stated in

the Applications, the Applications are allowed. Delay of 16 days is

condoned in filing the Appeals. Civil Applications are disposed of.

6. Call Record and Proceedings. Registry is directed to register

the Appeals and place the Appeals for admission after receiving the Record

and Proceedings.

[ ANIL S. KILOR ] JUDGE arp/