Bombay High Court
MR. RAJIYA TAHIR KURESHI AND ORSversusSHRI SANJAY APPASAHEB SWAMI AND ORS
- Decided
- Disposal
- Dismissed
Holding
The application for condonation of delay was dismissed, and the appeal was dismissed.
Summary
The applicants filed a civil application seeking condonation of a 536‑day delay in filing an appeal against a Motor Accident Claims Tribunal order dated 2 March 2012. They claimed the delay was due to awaiting receipt of the awarded sum and attending to the ailing health of respondent No.4, which prevented them from contacting counsel. The court observed that no documentary evidence was provided to substantiate the alleged illness or the claim that the original application was filed within time, and noted that the original application had indeed been filed timely. Consequently, the court held that the reasons offered did not constitute a sufficient cause for condonation. The application for condonation was dismissed, and the appeal was consequently dismissed as well.
Issues considered
- Whether the delay of 536 days in filing the appeal can be condoned in the absence of documentary evidence of sufficient cause.
Subjects
- condonation of delay
- limitation period
- motor accident claims
- civil procedure
- sufficient cause
- appeal dismissal
Judgment
rsk 1 27-FA-ST-36098-13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.2977 OF 2014
IN
FIRST APPEAL (ST) NO.36098 OF 2013
WITH
FIRST APPEAL (ST) NO.36098 OF 2013
Mr. Rajiya Tahir Kureshi And Ors ...Applicants/Appellants
(Original Claimants)
Versus
Shri Sanjay Appasaheb Swami And Ors. .…Respondents
(Original Respondents)
_____________________________________________________________
None for the Applicants/ Appellants.
Ms. Renuka Yadav i/b Ms. Jyoti Bajpayee for Respondent No.2.
_____________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 28th APRIL 2026
P. C. :
CIVIL APPLICATION NO.2977 OF 2014
1. None for the applicants.
Digitally signed
by
RAJESHWARI
RAJESHWARI SUBODH
SUBODH
KARVE
KARVE
Date:
2026.04.29
2. This application is filed seeking condonation of delay of 1 year
13:52:50 +0530
and 171 days i.e. 536 days in filing the appeal to challenge the order
of Motor Accident Claims Tribunal, Nashik (Tribunal) dated 2 March
2012.
3. The reasons for the delay is given in paragraphs 2 and 3 of the
rsk 2 27-FA-ST-36098-13.doc
Civil Application. Briefly, the reasons states that the applicants were
awaiting for the receipt of awarded sum and further respondent No.4-
Ishrath Begam Sharif Kureshi has been ailing and therefore the
applicants were required to attend to her in the hospital from time to
time. It is in these circumstances that the applicants could not get in
touch with their advocate to give instructions to file the appeal.
4. I have considered the application.
5. Ishrath Begam Sharif Kureshi is added as respondent No.4 in the
present application. It is not the case made out in the application that
any of the three applicants were unwell nor it is the case made out
that all the three were attending to respondent No.4-Ishrath Begam
Sharif Kureshi. In any case, except a bald statement nothing has been
annexed to show that during the limitation period and thereafter
respondent No.4-Ishrath Begam Sharif Kureshi was ailing. It is
important to note that the original application has been filed in time
and therefore the reason that the family was disturbed also cannot be
accepted.
6. In my view, in the absence of any sufficient cause not supported
by any documentary evidence, the cause shown in the application
cannot be accepted as “sufficient cause”. Civil Application is
dismissed. Consequently, Appeal also stands dismissed.
[ JITENDRA JAIN, J. ]
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