Allowed

Divisional Manager, M.S.R.T.C., Division Office, Beed v. Kantabai Lahurao Gaikwad and Anr.

Bombay HC25 Mar 2019CA/4153/2019

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Bench at Aurangabad, allowed an application for condonation of delay in filing an appeal. Justice V.L. Achliya held that the cause assigned was sufficient and no serious prejudice befall the respondents, as the appeal would still be decided on merits.

What did the court decide?

Application allowed subject to costs of Rs.5,000 payable to respondents within four weeks; appeal to be registered and admitted.

Divisional Manager, M.S.R.T.C., Division… — Civil Procedure and Limitation | Bombay HC (2019)

¶1

19-CA-4153-2019 (D)

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶4

19 CIVIL APPLICATION NO.4153 OF 2019 IN FAST/8402/2019

¶5

DIVISIONAL MANAGER, M.S.R.T.C., DIVISION OFFICE, BEED VERSUS

¶6

KANTABAI LAHURAO GAIKWAD AND ANR MANAGER, AURANGABAD AND ORS

¶7

Advocate for Applicants Mr.Anilkumar B. Dhongade Advocate for Respondent Nos.1 and 2- Caveator : Mr. A.D. Gade

¶8

CORAM : V.L. ACHLIYA, J. DATED : 25^th MARCH, 2019

¶9

PER COURT :-

¶10

Heard the learned counsel for the applicant and the counsel representing respondent nos. 1 and 2 i.e. Caveator.

¶11

The applicant-appellant has moved this application seeking condonation of 115 days delay in filing the appeal against the impugned judgment and award passed by the Motor Accident Claim Tribunal.

¶12

In brief, it is the contention of learned counsel for applicant that the delay caused in filing the appeal was on account of procedural compliance i.e. to secure the legal opinion and sanction from higher authorities for filing the appeal.

¶13

On the other hand, learned counsel for the respondents opposed the application with contention that the cause assigned for condonation of the delay cannot be treated as a sufficient cause to condone the delay.

¶14

19-CA-4153-2019 (D)

¶15

¶16

Considering the submissions advanced in the light of reasons assigned for condonation of delay, and taking the note that grounds raised for condonation of delay remain unchallenged and uncontroverted, I am of the view that delay deserves to be condoned. In case, delay is condoned no serious prejudice would caused to the respondents, as ultimately the appeal will be decided on merit. However, if delay is not condoned there is every likelihood that serious prejudice may be caused to the applicant and the possibility of meritorious matter may be dismissed for technical reasons cannot be ruled out.

¶17

I am, therefore, inclined to allow the application subject to costs of Rs.5,000/- to be payable to respondents within four weeks from the date of this order.

¶18

On deposit of costs, the appeal be registered and place for admission on 22.04.2019.

¶19

( V.L. ACHLIYA ) JUDGE

¶20

SPR

Divisional Manager, M.S.R.T.C., Division Office, Beed v. Kantabai Lahurao Gaikwad and Anr.

Case brief

What is this about?

What did the court decide?

Divisional Manager, M.S.R.T.C., Division Office, Beed v. Kantabai Lahurao Gaikwad and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Executive Engineer, Construction Central Railway Solapur Vs Anant Goroba Kadam and Ors.

The Executive Engineer, Construction Central Railway Solapur Vs Tukaram Janglu Kadam and Ors.

The Executive Engineer, Construction Central Railway Solapur Vs Maheboob Yakub Patel and Ors.

Manda @ Rima Ajay Rangari and Ors. Vs M/S Ideal Movers Pvt. Ltd., Thr Its Manager and Os

Aba Shankar Nagargoje Vs the General Manager, Icici Lombard General Insurance Co. Ltd. and Ors.

Cholamandalam General Insurance Co. Ltd., Thr Its Legal Manager Vs Harish Banshilal Mantala and Ors.