Ramrao Ganpatrao Satarkar ... vs Asha Satish Shah And Ors
2022 Latest Caselaw 5471 Bom

                                                                          906 caf 1217-01.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                              CIVIL APPLICATION NO. 1217 OF 2001
                                            WITH
                              CIVIL APPLICATION NO.1218 OF 2021
                                             IN
                              FIRST APPEAL (ST) NO. 10105 OF 2001

             Ramrao Ganpatrao Satarka (since deceased)
             Through Legal Heir Rajesh R. Satarkar                      ..Applicant

                             v/s.

             Asha Satish Shah & Ors.                                    ..Respondents

             Mr. Sandeep Jinsiwale for the Applicant .

                                          CORAM : ANUJA PRABHUDESSAI, J.

DATED : 16th JUNE, 2022.

P.C.

1. By this application the Applicant has sought to condone the delay

of 468 days in challenging the Judgment and Award dated 11.8.1999

passed by the Claims Tribunal in Claim Petition under Section 166 of

the Motor Vehicles Act. The only ground raised by the Applicant is that

the file was sent to the Advocate on 5.10.1999 and that it was misplaced

and found only on 9.3.2022.

2. As noted above, the judgment was pronounced on 11.08.1999. Teh

application does not state when the file was misplaced and does not

disclose the steps taken to reconstruct the files. The reasons stated in

the application, in my considered view, do not constitute sufficient

grounds. Hence the Application for Condonation of delay is dismissed.

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3. Consequently, the Appeal as well as Civil Application, if any,

stand rejected.

4. It is stated that the Applicant has already deposited the amount

before the Claims Tribunal. Same to be paid to the Respondent/

Original Claimant as per the order.

Digitally signed by PRASANNA P PRASANNA P SALGAONKAR SALGAONKAR Date:

(ANUJA PRABHUDESSAI, J.) 2022.06.18 10:42:37 +0530

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