Bombay High Court

M.S.R.T.C., THR DIV. CONTROLLER, SATARA DIV. SATARAversusMANGESH SAMPATRAO JADHAV

Disposal: Disposed Off

Holding

The court held that the delay was condonable, no mala fides existed, and therefore allowed the interim application and confirmed the earlier ad‑interim relief.

Summary

The High Court of Bombay, Kolhapur Bench, heard two interim applications (Nos. 828 and 829 of 2026) filed by M.S.R.T.C., Thr Div. Controller, Satara, in a first appeal against Mangesh Sampatrao Jadhav. No respondent appeared and the applicant’s averments were uncontroverted, leading the court to find no mala fides on the part of the applicant. The court condoned a delay of 193 days in filing the application and allowed the interim application, thereby disposing of it. In the second interim application, the court confirmed the ad‑interim relief previously granted, as the amount had been deposited pursuant to its earlier order. The court also admitted the first appeal, ordered the record to be called, and permitted the parties to file a private paper book and relevant documents, dispensing with a printed record.

Issues considered

Whether the delay of 193 days in filing the interim application can be condoned.
Whether any mala fides can be inferred against the applicant.
Whether the ad‑interim relief previously granted should be confirmed.

Subjects

condonation of delay
interim relief
mala fides
civil appellate jurisdiction
high court procedure

Judgment

                                                      52-IA-828-2026 (C).doc




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

                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 828 OF 2026
                                     IN
                      FIRST APPEAL(ST) NO. 4885 OF 2026

M.S.R.T.C., Thr Div. Controller, Satara Div. Satara                 ...Applicant
     Versus
Mangesh Sampatrao Jadhav                                         ...Respondent


                                    WITH
                    INTERIM APPLICATION NO. 829 OF 2026
                                     IN
                      FIRST APPEAL(ST) NO. 4885 OF 2026

M.S.R.T.C., Thr Div. Controller, Satara Div. Satara                 ...Applicant
     Versus
Mangesh Sampatrao Jadhav                                         ...Respondent

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


                                     CORAM : SHAILESH P. BRAHME, J.

                                     DATE     : 24th AUGUST, 2026.

P.C. :

                      INTERIM APPLICATION NO. 828 OF 2026

           Heard.

2.         None appears for the sole respondent.

3.         The averments of the application have gone uncontroverted.




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                                                    52-IA-828-2026 (C).doc


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

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

allowed. The delay of 193 days stands condoned. Accordingly, the

application is disposed of.



                    INTERIM APPLICATION NO. 829 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. 4885 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.]




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