Bombay High Court

KALPANA W/O. DAGADU PANSARE AND ORS.versusTHE DEPOT CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION,.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The Court held that the delay of 902 days may be condoned as the applicants demonstrated sufficient cause and it was in the interest of justice.

Summary

Kalpana W/o. Dagadu Pansare and others filed Civil Application No. 3043 of 2026 seeking condonation of a 902‑day delay in filing their first appeal. The applicants argued that their weak financial position prevented timely filing. The Court examined the application and the advocate’s submissions. Finding that the applicants provided sufficient cause and that condoning the delay would serve the interest of justice, the Court decided to condone the delay. Consequently, the application for condonation was allowed and the delay of 902 days was formally condoned.

Issues considered

Whether a delay of 902 days in filing a first appeal can be condoned under the provisions governing condonation of delay.

Subjects

condonation of delay
civil procedure
first appeal
interest of justice
financial hardship

Judgment

                                                              ca3043.26
                                 -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

            957 CIVIL APPLICATION NO. 3043 OF 2026
                             WITH
              CIVIL APPLICATION NO. 3044 OF 2026
                        IN FAST/3331/2026

             Kalpana W/o. Dagadu Pansare and others
                              VERSUS
The Depot Controller Maharashtra State Road Transport Corporation
                                  ...
Advocate for Applicant : Mr. Rajale Gulab B.
                                  …..

                     CORAM : SANJAY A. DESHMUKH, J.
                     DATED : 17th JUNE, 2026

PER COURT :-


1.       The civil application No. 3043 of 2026 is filed for
condonation of delay of 902 days caused in filing the first appeal.
Perused the application. Heard learned advocate for the applicants.
It is contended that the financial position of the applicants is weak
and therefore, they could not file the appeal within time. To decide
the lis finally on merits, this Court is of the view that there are
sufficient reasons to condone the delay. The application therefore,
deserves to be allowed in the interest of justice.   The application is
thus, allowed. The delay of 902 days is condoned.


2.       In first appeal, issue notice to the respondents, returnable
on 09.09.2026. Call for record and proceedings.



                                  (SANJAY A. DESHMUKH, J.)

rlj/

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