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Bombay High Court

THE DIVISIONAL CONTROLLER MSRTCversusJANABAI DEVNARAYAN KASHID AND ORS

Disposal
Allowed

Holding

The Court held that the delay is condoned and the interim applications are allowed.

Summary

The Divisional Controller of the Maharashtra State Road Transport Corporation (MSRTC) filed four interim applications (Nos. 394, 419, 415 and 417 of 2026) seeking condonation of delay in the respective first appeals (Nos. 2225, 2229, 2235 and 2232 of 2026). The respondents – Bhagyashree Chagan Kale et al., Janabai Devnarayan Kashid et al., Rajshree Sambhaji Mahingade et al., and Arun Manikrao Mohare et al. – did not raise any serious objection to the condonation. The matter was heard by Justice Shailesh P. Brahme on 6 October 2026. The Court examined the reasons for delay as set out in the applications and found no substantive ground to reject the condonation. Consequently, the Court allowed all four interim applications and expressly condoned the delay. The order was pronounced without any further directions or costs.

Issues considered

  • Whether the delay in filing the first appeals should be condoned under the principles of equity and procedural law.

Subjects

  • condonation of delay
  • interim application
  • civil appellate jurisdiction
  • MSRTC
  • procedural law

Judgment

                                             59to62-Delay-IA-394-2026 (C).doc




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

                  CIVIL APPELLATE JURISDICTION

             59 INTERIM APPLICATION NO. 394 OF 2026
                                IN
                FIRST APPEAL (ST) NO. 2225 OF 2026

The Divisional Controller MSRTC                                 ...Applicant
     Versus
Bhagyashree Chagan Kale And Ors                             ...Respondents

             60 INTERIM APPLICATION NO. 419 OF 2026
                                IN
                FIRST APPEAL (ST) NO. 2229 OF 2026

The Divisional Controller MSRTC                                 ...Applicant
     Versus
Janabai Devnarayan Kashid And Ors                           ...Respondents

             61 INTERIM APPLICATION NO. 415 OF 2026
                                IN
                FIRST APPEAL (ST) NO. 2235 OF 2026

The Divisional Controller MSRTC                                 ...Applicant
      Versus
Rajshree Sambhaji Mahingade And Ors                         ...Respondents

             62 INTERIM APPLICATION NO. 417 OF 2026
                                IN
                FIRST APPEAL (ST) NO. 2232 OF 2026

The Divisional Controller MSRTC                                 ...Applicant
     Versus
Arun Manikrao Mohare And Ors                                ...Respondents

                                  …..
Adv. Ketan Patil a/w Adv. Pinky Bhansali, Advocate for Applicant -
MSRTC.
Adv. R. S. Alange, Advocate for the Respondent Nos. 1 to 3 in I.A. No.
394 of 2026, 1 to 4 in I.A. No. 419 of 2026, 1 to 3 in I.A. No. 415 of



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                                                   59to62-Delay-IA-394-2026 (C).doc




2026 and 1 and 2 in I.A. No. 417 of 2026.
                                  …..


                                      CORAM : SHAILESH P. BRAHME, J.

                                      DATE      : 06th OCTOBER, 2026.

P.C. :

           By these applications, the applicant – Corporation is praying for

condonation of delay.

2.         No serious objections are raised by the respondents - claimants.

3.         For the reasons stated in the applications, the applications are

allowed and delay stands condoned.

                                                [ SHAILESH P. BRAHME, J.]




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