Bombay High Court

REGIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION, RATNAGIRIversusJYOTI DIPAK BHOJANE AND ORS.

Disposal: Allowed
Bench: SHAILESH P BRAHME

Holding

The court condoned the 133‑day delay and restored the first appeal to its original position.

Summary

The Regional Controller of Maharashtra State Road Transport Corporation filed an interim application seeking condonation of a 133‑day delay in filing a petition to restore a first appeal to its original position. The court examined whether such a delay could be justified under the principles of equity and procedural law. It considered the applicant's explanation for the delay and the impact of the delay on the respondents. The bench found the reasons satisfactory and exercised its discretion to condone the delay. Consequently, the first appeal was restored to its original position. The interim application was therefore allowed and disposed of.

Issues considered

Whether a delay of 133 days in filing an application to restore a first appeal can be condoned.

Subjects

condonation of delay
interim application
civil appellate jurisdiction
restoration of appeal
procedural law

Judgment

                                                        19-IA-10949-2025 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 10949 OF 2025
                                    IN
                    FIRST APPEAL(ST) NO. 31995 OF 2024

Regional Controller Maharashtra State Road
Transport Corporation, Ratnagiri                       ...Applicant
       Versus
Jyoti Dipak Bhojane And Ors.                       ...Respondents
                                 …..
Adv. Sandeep Koregave i/b Adv. Dhananjay Rananaware, Advocate for
Applicant.
                                 …..


                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE     : 31st JULY, 2026.

P.C. :

           By this application the applicant seeks to condone the delay of

133 day in preferring the present application to restore the first appeal

to its original position.

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

condoned and first appeal stands restored to its original position.

Accordingly, the interim application stands allowed and disposed of.

                    FIRST APPEAL(ST) NO. 31995 OF 2024

3.         Appellant to remove the Office objections.

                                                [ SHAILESH P. BRAHME, J.]



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