Allowed

Sachin Babu Nagpure v. Waseem Akram Shaikh Hamid and Ors.

Bombay HC6 May 2024CA/13521/2018

Case brief

AI extract

What is this about?

The Court, Y. G. Khobragade, J., dealt with an application seeking condonation of delay for filing a first appeal under the Motor Vehicles Act against a Motor Accident Claims Tribunal award. The applicant claimed delays due to illness and lack of funds. The Court allowed the application, condoning the 167-day lapse, and set the case for hearing.

What did the court decide?

The civil application is allowed; the delay of 167 days is condoned; the appeal is registered to be heard on 13.06.2024.

Sachin Babu Nagpure Vs Waseem Akram Shaikh… — Civil Procedure and Limitation | Bombay HC (2024)

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2024:BHC-AUG:9650

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17-CA-13521-2018.odt

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 13521 OF 2018 IN FAST/32338/2018

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SACHIN BABU NAGPURE

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VERSUS

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WASEEM AKRAM SHAIKH HAMID AND ORS

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Mr. A. C. Darandale, Advocate for applicant

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Mr. S. S. Patil, Advocate for respondent No.2 Mr. N. C. Garud, Advocate for respondent No.3

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Mr. Swapnil Lohiya, Advocate h/f Mr. R. F. Totla, Advocate for respondent No.4

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CORAM : Y. G. KHOBRAGADE, J.

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DATE : 06 MAY 2024

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PER COURT :-

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Heard the learned Counsel appearing for the

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respective parties at length.

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None appeared for the non-applicant No.1 though duly served with notice.

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The applicant – original claimant prays for condonation of delay of 167 days caused while lodging the appeal

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(( 2 )) 17-CA-13521-2018

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against the judgment and award dated 17.01.2018, passed by the learned Member, Motor Accident Claims Tribunal, Ahmednagar in M.A.C.P. No. 24 of 2015. The learned Counsel appearing for the applicant submits that due to paucity of funds as well as due to ill health of the applicant, he could not file the appeal within the period of limitation and the delay of 167 days caused, which is bona-fide and substantial.

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Per contra, the learned Counsel appearing for the nonapplicant Nos. 2 to 4 strongly opposed the application on the ground that the paucity of funds is not a bona-fide and substantial ground to condone the delay of 167 days, hence prayed for rejection of the application.

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It is submitted that the provisions of Section 166 and 173 of the Motor Vehicles Act, are in social beneficiary nature. In the case in hand, the claimant intends to file appeal challenging the judgment and award dated 17.01.2018 passed by the learned Member, M.A.C.T. Ahmednagar in M.A.C.P. No.24 of 2015, whereby meagre amount of compensation has been granted and as such, due to ill health of the claimant and financial crises, he could not file appeal within the

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(( 3 )) 17-CA-13521-2018

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period of limitation, which appears to be bona-fide and substantial. Therefore, I am inclined to grant the application and proceed to pass following order:-

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O R D E R

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(i) The civil application is allowed.

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(ii) The delay of 167 days caused in filing appeal is hereby condoned.

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(iii) Office to register the first appeal and place it before the Court on 13.06.2024.

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[ Y. G. KHOBRAGADE, J. ]

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SMS

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Sachin Babu Nagpure v. Waseem Akram Shaikh Hamid and Ors.

Case brief

What is this about?

What did the court decide?

Sachin Babu Nagpure v. Waseem Akram Shaikh Hamid and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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