Divisional Controller, ... vs Mustakin Ahamad Abdul Kadir
2023 Latest Caselaw 5273 Bom

2023:BHC-AS:14954


                                                          1              27 ia 19193-22 in fast 24883-22-c.doc


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO.19193 OF 2022
                                                              IN
                                            FIRST APPEAL (ST.) NO.24883 OF 2022

                    Divisional Controller
                    aharashtra State Road
                    Transport Corporation Limited, Nashik.                        ... Applicant/Appellant
                           Vs.
                    Mustakin Ahamad Abdul Kadir                                   ... Respondent
                                                     -------

                    Mr.Manjeet Lotankar i/by Mr.D.D.Rananaware, Advocates for the
                    Applicant/Appellant.
                    None for the Respondent.

                                                              -------

                                              CORAM :   ABHAY AHUJA, J.

                                              DATE :    07 JUNE, 2023.


                    P.C. :

1. By this application the interim applicant is seeking condonation of

delay of 1 year and 29 days in preferring appeal against judgment and

award dated 19th May, 2022 passed by Motor Accident Claims Tribunal,

Nashik in Motor Accident Claims Petition No.164 of 2018.

2. Learned counsel for the Appellant/Applicant draws the attention of

this court to paragraphs No.3 to 5 of the application in support of his

Priya R. Soparkar 1 of 3

2 27 ia 19193-22 in fast 24883-22-c.doc

contention to condone the delay. He submits that the certified copy of the

impugned judgment and award dated 19 th May, 2022 was received on 7th

June, 2022 after an application for certified copy made on 20 th May,

2022. Learned counsel also submits that the applicant is a Government

Corporation and time was required to obtain the necessary approval

from the Head Office which is situated in Mumbai and thereafter, there

was an opinion from the Panel Advocate in Nashik that was to be sent to

the Central Office at Mumbai and only after the approval of the Central

Office, the appeal could be filed. Learned counsel submits that the delay

is unintentional. The Applicant is a Government Undertaking dealing with

the public money would not be benefited by the delay. He therefore,

submits that the delay be condoned and the appeal be allowed to be

registered.

3. It is observed from the court record that the notice has been issued

and served upon the sole Respondent. However, none appears for the

sole Respondent. It is also observed from the earlier order of this court

dated 6th April, 2023 that last chance was given to the Respondent to go

on with the matter and the matter was stood over to 7 th June, 2023.

However, despite the same, none appears on behalf of the Respondent.

  Priya R. Soparkar                                                                    2 of 3



                                          3          27 ia 19193-22 in fast 24883-22-c.doc

4. Having heard the learned counsel for the parties and having

perused the papers, in view of the above discussion, the delay of 1 year

and 29 days is hereby condoned. Let the first appeal be registered.

5. Application stands accordingly disposed of.

FIRST APPEAL (ST.) NO.24883 OF 2022

6. List the appeal after removal of the other office objections on 16 th

June, 2023 for admission.

                                                    (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                     3 of 3