Bombay High Court
MSRT CORPORATION, MUMBAIversusSHRI SHIVAJI BANSI UGALE
- Decided
- Disposal
- Allowed
Holding
The court condoned the delay and restored the first appeal, allowing the applicant to contest the matter on merits.
Summary
The applicant, MSRT Corporation, filed a first appeal against an award of the Motor Accident Claims Tribunal, but the appeal was dismissed for failure to prosecute because the required copies were not served on the respondent. The corporation subsequently sought restoration of the appeal, filing an application 176 days after the dismissal, citing inadvertent oversight and delays in obtaining necessary permissions. The court noted that the respondents had not been served in the original appeal, yet considered the restoration application without issuing notice to them. Relying on the applicant's explanation of unintentional delay, the court exercised its discretion to condone the delay. Consequently, the interim application was allowed, the cost of Rs.3,000 was imposed, and the first appeal was restored.
Issues considered
- Whether a delay of 176 days in filing a restoration application can be condoned under civil procedure.
- Whether the first appeal can be restored when the respondents were not served in the original appeal.
- Whether the court may grant restoration without issuing notice to the respondents.
Subjects
- restoration of appeal
- condonation of delay
- service of notice
- interim application
- civil procedure
- high court
Judgment
4-IA-6935-2026 IN FAST-30915-2025.ODT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6935 OF 2026
IN
FIRST APPEAL (STAMP) NO. 30915 OF 2025
MSRT Corporation, Mumbai …Applicant
Versus
Shri Shivaji Bansi Ugale …Respondent
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 3 rd December 2025.
It is submitted that thereafter since the copies were not supplied
Page 1 of 3
st
1 October 2026
4-IA-6935-2026 IN FAST-30915-2025.ODT
for effecting service upon the respondents, the matter was listed
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
Page 2 of 3
st
1 October 2026
4-IA-6935-2026 IN FAST-30915-2025.ODT
on the part of the Corporation in seeking necessary permissions
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/-
Page 3 of 3
st
1 October 2026
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.