Traffic Engineer/ The Transport ... vs Ragina Wd/O. Jagdish Shende And Others
2024 Latest Caselaw 458 Bom

Bombay High Court

Traffic Engineer/ The Transport ... vs Ragina Wd/O. Jagdish Shende And Others on 9 January, 2024

Author: G. A. Sanap

Bench: G. A. Sanap

                                                -1-                         27.CAF.1683.2023.odt



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH AT NAGPUR

                 CIVIL APPLICATION (CAF) NO. 1683 OF 2023
                                    IN
                    FIRST APPEAL ST. NO. 18897 OF 2022
                Traffic Engineer/the Transport Manager, N.M.C., Nagpur
                                           Vs.
                          Ragina Wd/o. Jagdish Shende & Ors.
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Office Notes, Office Memoranda of Coram,                    Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                       Mr. R.R. Chhabra, Advocate for the Applicant/Appellant.


                                  CORAM : G. A. SANAP, J.

DATED : 9th JANUARY, 2024.

The respondents are duly served. They have not appeared.

2. Heard learned advocate for the applicant/appellant.

3. This is an application for condonation of 322 days delay caused in filing an appeal against the impugned judgment and order dated 10.10.2019, passed by the Motor Accident Claims Tribunal, Nagpur. The reasons have been stated in the application.

4. It is seen on perusal of the record that the applicant/ appellant has deposited the entire decreetal amount i.e. Rs.9,10,000/- (Rs. Nine Lakhs Ten Thousand only) as per the order of this Court.

5. On going through the application, I am satisfied that the delay has been properly explained. I am, therefore, of the

-2- 27.CAF.1683.2023.odt

view that this is a fit case to condone the delay. Accordingly, the application is allowed. Delay of 322 days caused in filing the appeal is condoned.

6. The appeal be registered.

7. The application stands disposed of, accordingly.

FIRST APPEAL ST. NO. 18897 OF 2022

8. Issue fresh notice to the respondents for final hearing at admission stage, returnable within four weeks.

9. Call for record and proceedings.

(G. A. SANAP, J.) Vijay

Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 10/01/2024 19:33:01