Bombay High Court

MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR. DIVISIONAL CONTROLLERversusSHEHNAAZ KALIM SHABUDDIN SHAIKH AND ORS.

Disposal: Disposed Off

Holding

The court condoned the delay, found the service of notice adequate, and confirmed the ad‑interim relief, thereby allowing the interim applications.

Summary

The Maharashtra State Road Transport Corporation filed two interim applications in a first appeal against Shehnaaz Kalim Shabuddin Shaikh and others. The respondents failed to appear, and one respondent was served through a sister‑in‑law, but the court found no mala fides. The court held that the uncontroverted averments justified allowing the applications and condoned a delay of 111 days. Consequently, the first interim application was allowed and disposed, and the second was disposed confirming the ad‑interim relief already granted. The court also admitted the first appeal, ordered the record to be called, and permitted the parties to file a private paper book of documents.

Issues considered

Whether the delay of 111 days in filing the interim application can be condoned.
Whether service of notice through a sister‑in‑law suffices for compliance with procedural requirements.
Whether the ad‑interim relief previously granted should be confirmed.

Subjects

interim application
condonation of delay
service of notice
ad‑interim relief
civil appellate jurisdiction
procedural law

Judgment

                                                  50-IA-816-2026 (C).doc




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

                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 816 OF 2026
                                     IN
                      FIRST APPEAL(ST) NO. 4854 OF 2026

Maharashtra State Road Transport Corporation
Thr. Divisional Controller                                      ...Applicant
      Versus
Shehnaaz Kalim Shabuddin Shaikh And Ors.                    ...Respondents


                                    WITH
                    INTERIM APPLICATION NO. 817 OF 2026
                                     IN
                      FIRST APPEAL(ST) NO. 4854 OF 2026

Maharashtra State Road Transport Corporation
Thr. Divisional Controller                                      ...Applicant
      Versus
Shehnaaz Kalim Shabuddin Shaikh And Ors.                    ...Respondents

                                …..
Adv. D. D. Rananaware, Advocate for Applicants.
                                …..


                                   CORAM : SHAILESH P. BRAHME, J.

                                   DATE    : 24th AUGUST, 2026.

P.C. :

                      INTERIM APPLICATION NO. 816 OF 2026

           Heard.

2.         None appears for the respondent Nos.1 and 3 through duly




     ZIP                                                            1 of 2
                                                    50-IA-816-2026 (C).doc


served. The respondent No.2 is the driver, who is served through Sister

in law.

3.         The averments of the applications have gone uncontroverted.

There is no reason to infer mala fides on the part of the applicants.

4.         For the reasons stated in the application, the application is

allowed. The delay of 111 days stands condoned. Accordingly, the

application is disposed of.



                    INTERIM APPLICATION NO. 817 OF 2026

5.         As the amount is deposited in pursuance of the orders of this

Court, ad-interim relief granted earlier shall stand confirmed.

Accordingly, the application is disposed of.



                     FIRST APPEAL(ST) NO. 4854 OF 2026

6.         Admit.

7.         Call for record and proceedings.

8.         Print is dispensed with.

9.         Parties shall be at liberty to file private paper book and

compilation of relevant documents.

                                               [ SHAILESH P. BRAHME, J.]




     ZIP                                                              2 of 2

Continue reading with your account

Checking your session…