The Maharashtra State Road ... vs Savitra Ramchandra Jadhav And Anr
2021 Latest Caselaw 16290 Bom

                                                                                            10-ia-3450-2019.doc




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                             INTERIM APPLICATION NO.3450 OF 2019
                                                              IN
                                              FIRST APPEAL (ST.) NO.30412 OF 2019
VISHAL                The Maharashtra State Road Transport Corp.                     ...Applicant
SUBHASH
PAREKAR                         vs.
Digitally signed by
                      Savitra Ramchandra Jadhav and Ors.                             ...Respondents
VISHAL SUBHASH
PAREKAR
Date: 2021.11.24
14:49:02 +0530        Ms. Ayodhya Patki i/b. Mr. Nitesh Bhutekar, for the Appellant.
                      Mr. Pritesh Bohade, for the Respondent

                                                      CORAM :     N. J. JAMADAR, J.
                                                      DATE :      NOVEMBER 24, 2021

                      P.C.:

                      .       Heard           the   learned   counsel   for   the   applicant/original

                      respondent No. 2. and the learned counsel for respondent/original

                      claimant.



                      2.      This application is taken out to condone the delay of 190 days

                      in preferring the appeal against the judgment and award passed by

                      learned MACT, Satara dated 27th February, 2019 in MACP No. 436

                      of 2015.



                      3.      In paragraph Nos. 4 and 5 of the application the applicant has

                      ascribed reasons for delay in fling the appeal. The averments in the

                      application thus make out a suffcient cause for condonation of

                      delay. It is trite that the Courts lean in favour of the condonation of

                      Vishal Parekar, P.A.                                                                 ...1
                                                                  10-ia-3450-2019.doc




delay so as to advance the cause of substantive justice.



4.      In the case at hand, while staying the execution of the

impugned award this Court had directed the applicant to deposit

the entire amount of compensation along with interest accrued

thereon. The applicant has deposited the said amount, in

conformity with the order of this Court. The respondent/claimant

has     been       permitted   to   withdraw   50%   of   the   amount        of

compensation, as well.



5.      In the circumstances, it would be expedient in the interest of

justice to condone the delay. Hence, the following order:



                                     ORDER

1] The application stands allowed.

2] The delay in preferring the appeal against the judgment and

award passed by the learned MACT, Satara dated 27 th February,

2019 in MACP No. 436 of 2015 stands condoned.

3]      Appeal be registered.



                                               (N. J. JAMADAR, J.)




Vishal Parekar, P.A.                                                            ...2