Bombay High Court
MUKUND S/O. BALIRAM HAJGUDE.versusMSRTC VAHATUK BHAVAN MUMBAI T/H THE DIVISIONAL CONTROLLER, MSRTC, OSMANABAD
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- SANJAY A DESHMUKH
Holding
The court held that the 258‑day delay was not deliberate and could be condoned in the interest of justice.
Summary
Mukund Hajgude filed a civil application seeking condonation of a 258‑day delay in filing his first appeal. The respondent, MSRTC Vahatuk Bhavan Mumbai, opposed the condonation. The court examined the reasons for the delay and found that it was not deliberate. Relying on the principle that delay may be condoned in the interest of justice, the court allowed the application. Consequently, the delay in filing the appeal was condoned. The court also directed that notice be issued to the respondents, though the respondent’s advocate waived the notice, and the matter was stood over for further proceedings on 7 September 2026.
Issues considered
- Whether a delay of 258 days in filing a first appeal can be condoned under the Code of Civil Procedure.
Legislation cited
Subjects
- condonation of delay
- civil appeal
- interest of justice
- notice waiver
- High Court of Bombay
Judgment
2026:BHC-AUG:31305
ca2535.26
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
98 CIVIL APPLICATION NO. 2535 OF 2026
IN FAST/5864/2026
Mukund S/o. Baliram Hajgude.
VERSUS
Msrtc Vahatuk Bhavan Mumbai T/h The Divisional Controller, Msrtc,
Osmanabad
...
Advocate for Applicant : Mr. Prasanna S. Chavan
Advocate for Respondents : Mr. A.B. Dhongade
…..
CORAM : SANJAY A. DESHMUKH, J.
DATED : 27th JULY, 2026
PER COURT :-
1. The civil application is filed for condonation of delay of 258
days caused in filing the first appeal. Perused the application and
heard learned advocates for both sides. Learned advocate for
respondent strongly opposed the application. Considering the
reasons stated in the application, it appears that the delay caused is
not deliberate. Therefore, the application is allowed. The delay
caused in filing the appeal is condoned in the interest of justice.
2. In first appeal, issue notice to the respondents. Mr.
Dhongde learned advocate waives notice for respondent sole. Call
for record and proceedings. Stand over to 07.09.2026.
(SANJAY A. DESHMUKH, J.)
rlj/
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