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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