Bombay High Court

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, MUMBAI T/H DIVISIONL CONTROLLER M.S.R.T.C., OSMANABADversusSANGITA BALASAHEB KAKADE AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 166‑day delay and allowed the application for registration of the first appeal.

Summary

The Maharashtra State Road Transport Corporation (MSRTC) filed a civil application before the Bombay High Court, Aurangabad Bench, seeking condonation of a 166‑day delay in filing its first appeal. The application was supported by advocates S. R. Deshmukh and B. S. Deshmukh. The respondents, represented by AGP P. K. Lakhotiya and advocate Jaydeep S. Kadam, opposed the condonation. The Court examined whether the substantial delay could be justified under the principles of equity and procedural law. Finding the reasons for delay satisfactory, the Court condoned the delay, ordered the registration of the first appeal, and disposed of the civil application. The judgment reflects the Court's discretion to grant condonation in appropriate circumstances.

Issues considered

Whether a delay of 166 days in filing a first appeal can be condoned under the Civil Procedure Code.

Subjects

condonation of delay
first appeal
Civil Procedure Code
High Court
transport corporation

Judgment

2026:BHC-AUG:44124-DB


                                                   1              8-CA 1539-2026.odt



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 1539 OF 2026
                                            IN FAST/3123/2026

                 Maharahstha State Road Transport
                 Corporation Through Divisional Controller                   .. Applicant
                          Versus
                 Sangita Balasaheb Kakade And Others                         .. Respondents

                 Mr. S. R. Deshmukh, Advocate h/f Mr. B. S. Deshmukh, Advocate
                 for Applicant.
                 Mr. P. K. Lakhotiya, AGP for Respondent-State.
                 Mr. Jaydeep S. Kadam, Advocate for Respondent Nos. 1 to 4.

                                           CORAM : KISHORE C. SANT AND
                                                   JITENDRA JAIN, JJ.
                                            DATE       :   24th SEPTEMBER, 2026.
                 PER COURT :-
                 1.       Heard the parties.

                 2.       This application is for condonation of delay of 166 days

                 caused in filing the first appeal by the Appellant – MSRTC.

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

                 condoned. The application is allowed. Office to register first

                 appeal.

                 4.       The civil application stands disposed of.


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


                 P.S.B.

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