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Bombay High Court

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR. THE DIVISIONAL CONTROLLERversusANAND CHANGAN OMABASE AND ANR.

Disposal
Allowed

Holding

The court granted condonation of delay and allowed the interim application.

Summary

Maharashtra State Road Transport Corporation (MSRTC) filed an interim application seeking condonation of delay in filing its first appeal. The court noted that the respondents had been duly served but failed to appear. After hearing counsel for the applicant, the bench was satisfied that the interim application merited allowance. Consequently, the application was allowed and the first appeal was scheduled for a final hearing on 8 September 2026. The parties were directed to file a short synopsis and supporting documents by 4 September 2026.

Issues considered

  • Whether the delay in filing the first appeal by MSRTC can be condoned under the procedural law.

Subjects

  • condonation of delay
  • interim application
  • first appeal
  • service of notice
  • civil procedure

Judgment

                                                                               10-IA-16913-2023 (C).doc




                                 IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                          CIRCUIT BENCH AT KOLHAPUR
                                         CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 16913 OF 2023
                                                      IN
                                      FIRST APPEAL ST. NO. 28958 OF 2023

                      Maharashtra State Road Transport
                      Corporation, Mumbai                                 ..… Applicant.
                           VERSUS
                      Anand Changan Omabase & Anr.                        ..… Respondents
                                                        ...
                      Adv. Priyesh Patel (Through VC) i/by Mr. Nitesh V. Bhutekar, Advocates
                      for Applicant.
                      Mr. Shankar Katkar a/w Ms. Tanaya Doke, Advocates for Respondent
                      No. 1.
                                                        ...
                                                    CORAM : RAJESH S. PATIL AND
                                                               ABHAY J. MANTRI, JJ.
                                                    DATE : 18 AUGUST 2026.
                      P. C. :

                      1.          This Interim Application is filed seeking condonation of

                      delay in filing the First Appeal by the Maharashtra State Road Transport

                      Corporation. The Office remark shows that the Respondents have been

                      duly served. However, none appears on behalf of the Respondents.

                      2.          We have heard the learned Counsel appearing for the

                      Applicant and have gone through the contents of the Interim

         Digitally
         signed by
         TALLE
                      Application. We are satisfied that the Interim Application deserves to be
TALLE    SHUBHAM
SHUBHAM ASHOKRAO
ASHOKRAO Date:
         2026.08.18
         17:43:14
         +0530        allowed.


                      Shubham                          1
                                                             10-IA-16913-2023 (C).doc




3.             Interim Application stands allowed in terms of prayer clause

(a).

4.             At this stage, Mr. Katkar, appears for Respondent No. 1-

Original Claimant.

5.             By consent of both the learned Counsel appearing for the

parties, let the First Appeal be listed for final hearing on 8 September,

2026.

6.             The parties are directed to file a short synopsis, compilation

of documents, propositions of law and judgments relied upon by them,

on or before 4 September, 2026.




          (ABHAY J. MANTRI, J.)                   (RAJESH S. PATIL, J.)




Shubham                              2


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