Bombay High Court

HARISCHANDRA PADMA GAWANDversusMAHARASHTRA STATE TRANSPORT CORPORATION

Decided: 25 August 2026
Disposal: Dismissed

Holding

The appeal is dismissed for non‑prosecution.

Summary

The appellant, Ramchandra Sangar, filed a first appeal (No. 2542 of 2005) seeking enhancement of a decree from the Motor Accident Claims Tribunal, Alibag. No counsel appeared on behalf of the appellant on the hearing date of 18 August 2026 and again on 25 August 2026. The respondent, the Secretary of Maharashtra State Transport Corporation, was represented by Ms. P.M. Bhansali assisted by Mr. Arafat. The Court observed that the appeal had not been prosecuted and consequently dismissed it for non‑prosecution, directing that any steps for restoration of the appeal be taken before the matter can be considered on merits. The Court ordered the statutory deposit with interest, if any, to be transferred to the Tribunal and directed refund of court fees as per the Rules, and directed the record to be sent back on a priority basis.

Issues considered

Whether an appeal may be dismissed for non‑prosecution when the appellant fails to appear or prosecute the proceedings?

Subjects

appeal
non-prosecution
restoration
Motor Accident Claims Tribunal
court fees

Judgment

                                                                                        1-FA-2542-2005.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION


           Digitally signed
           by SATISH
                                                FIRST APPEAL NO.2542 OF 2005
           RAMCHANDRA
SATISH     SANGAR
RAMCHANDRA
SANGAR     Date:
           2026.08.27
           11:24:27
           +0530
                              Shri Harischandra Padma Gawand                          ...Appellant
                                     V/s.
                              Secretary, Maharashtra State Transport
                              Corpn., through Divisional Controller,
                              Raigad Division                                         ...Respondent
                                                                 *****

                              No one is present:-                   On behalf of the Appellant.
                              Ms.P.M.Bhansali a/w Mr.Arafat Advocates for Respondent.
                              Siddique:-

                                                            *****
                                                       CORAM :            S. M. MODAK, J.
                                                       DATE         :     25th AUGUST 2026
                              P. C. :-

                              1.     On 18th August 2026, no one was present on behalf of the

                              Appellant. Today also, no one is present.

                              2.     This is an Appeal by the Original Claimant for enhancement.

                              3.     The Appeal is dismissed for non-prosecution. If steps are taken

                              for restoration, it will be considered on merits.

                              4.     Statutory deposit along with interest, if any, be transferred to the



                              Satish Sangar                                                             1/2
                                                        1-FA-2542-2005.doc


Motor Accident Claims Tribunal–Alibag. Refund of Court Fees as per

the Rules.

5.     Record and proceeding be sent back on priority basis.


                                    [S. M. MODAK, J.]




Satish Sangar                                                           2/2

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