Somnath Baburao Mustapure v. Rahemat Maheboob Sahikh and Others
Case brief
What is this about?
Bombay High Court, Aurangabad Bench (Neeraj P. Dhote, J.), 19 November 2025, Writ Petition No. 2639 of 2023, Somnath Baburao Mustapure v. Rahemat Maheboob Shaikh and Others. Article 227 challenge to MACT Nilanga order dated 12.10.2022 rejecting Application (Exh.57) in MACP No.09/2016 to set aside order dated 02.02.2022 closing vehicle-owner's evidence; rejection based on no affidavit and partly-heard stage, but Tribunal failed to consider plea of ill health; non-consideration of ground raised; order quashed; application restored for reconsideration; appearance fixed 21.11.2025; Claim Petition still undecided; Respondent No.6 dead, Respondent Nos.1 to 5 legal representatives.
What did the court decide?
The impugned order dated 12.10.2022 below Exh.57 in MACP No.09/2016 is quashed and set aside; the Application below Exh.57 is restored to the file of the learned Tribunal for reconsideration and decision; the Petitioner is directed to appear before the learned Tribunal on 21.11.2025 during Court hours.