Bombay High Court

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THROUGH DIVISIONAL CONTROLLER DHULEversusHEMANGI VISHAL BEHERE AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 83‑day delay and allowed the application.

Summary

The Maharashtra State Road Transport Corporation filed an application seeking condonation of an 83‑day delay in filing its first appeal. The High Court examined whether such a delay could be excused under procedural law. Relying on the principles governing condonation of delay, the Court found the reasons satisfactory and ordered the delay to be condoned. Consequently, the application was allowed, the first appeal was directed to be registered, and the parties were referred to mediation. If mediation fails, the matter is to be placed before the board on 19‑Nov‑2026.

Issues considered

What is the appropriate standard for condoning an 83‑day delay in filing a first appeal?

Subjects

condonation of delay
first appeal
civil procedure
mediation
high court

Judgment

                                1              5-CA 11223-2024.odt



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

               CIVIL APPLICATION NO. 11223 OF 2024
                        IN FAST/20313/2024

Maharashtra State Road Transport Corporation
Through Divisional Controller, Dhule                      .. Applicant

      Versus

Hemangi Vishal Behere And Others                          .. Respondents

None for Applicant.
Mr. Mukul S. Kulkarni, Advocate for Respondent Nos. 1 to 4.

                         CORAM : KISHORE C. SANT AND
                                 JITENDRA JAIN, JJ.
                         DATE       :   24th SEPTEMBER, 2026.

PER COURT :-

CIVIL APPLICATION NO. 11223 OF 2024 :

1.    This application is filed seeking condonation of delay of 83

days caused in filing the first appeal.


2.    For the reasons stated in the application, delay stands

condoned. The application is allowed and disposed of. Office to

register first appeal.

FIRST APPEAL (STAMP) NO. 20313 OF 2024 :

3.    Looking to the nature of dispute, this Court feels that there

is element of settlement involved in the appeal. Therefore, parties
                              2             5-CA 11223-2024.odt


are referred to mediation. If mediation is not successful, place the

petition on board dated 19.11.2026.



( JITENDRA JAIN, J.)                      ( KISHORE C. SANT, J. )



P.S.B.

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