Maharashtra State Road Transport ... vs Shri. Keshavlal Babulal Oswal And ...
2021 Latest Caselaw 13388 Bom

                                                     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 Digitally signed by and for respondent No.4 have no particular objection.

MUGDHA M
PARANJAPE
Date: 2021.09.21
12:21:16 +0530


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                                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.)



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