MSRT CORPORATION, MUMBAIversusAMJADALI SADIK SIYA AND ORS

                                        3-IA-6934-2026 IN FAST-30901-2025 .ODT




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION
            INTERIM APPLICATION NO. 6934 OF 2026
                             IN
           FIRST APPEAL (STAMP) NO. 30901 OF 2025

MSRT Corporation, Mumbai                                    …Applicant
     Versus
Mr. Amjadali Sadik Siya And Ors.                            …Respondents


Adv. Sneha G. Sanap, for the Applicant.


                      CORAM :           PRAFULLA S. KHUBALKAR, J.
                      DATE         :      1ST OCTOBER 2026
P.C:-

1.      This is an interim application for restoration of the First

Appeal by condoning delay of 176 days in filing the restoration

application.


2.      Heard learned counsel for applicant.


3.      Learned counsel for the applicant submits that the

appellant Corporation had filed the First Appeal challenging the

Award passed by the Motor Accident Claims Tribunal in which

this Court had issued notice by order dated 5 th December 2025.

It is submitted that thereafter since the copies were not supplied

for effecting service upon the respondents, the matter was listed


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before the Registrar (Judicial-II) and on account of failure of the

applicant to supply copies, the same was dismissed for failure to

prosecute the matter, by order dated 9th February, 2026.


4.    Learned counsel for the applicant submits that the

applicant/original appellant wants to contest the appeal on merits

and therefore they have sought for restoration of the First Appeal.


5.    It has to be noted that since the respondents were not even

served in the First Appeal, the instant application for restoration is

being considered without issuing any notices to the respondents.


6.    Learned counsel for the applicant submits that the order of

dismissal in default was inadvertently not taken note of and

therefore immediate steps were not taken for filing application for

restoration. She submits that after the order was noted, necessary

steps for filing application for restoration were taken and this has

caused the delay of 176 days. She submits that the delay is

unintentional.


7.    Having regard to the reasons mentioned in the application

and submissions advanced and considering the reasons for delay

on the part of the Corporation in seeking necessary permissions



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and approvals, the instant application needs to be allowed so that

the applicant/appellant is granted an opportunity to contest the

appeal on merits.


8.          Accordingly, the instant application is allowed. The delay of

176 days in filing the restoration application is condoned subject

to the cost of Rs.3,000/- to be paid by the applicant to the Kirtikar

Law Library, High Court, Bombay within two weeks from today.

Interim Application is allowed and accordingly, First Appeal is

restored.




                                            (PRAFULLA S. KHUBALKAR, J.)
VDMokal/-




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