Final Order 1

Order Details: Order on Exh.
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ORDER BELOW EXH.1 IN MISC APPLICATION NO.562 OF 2019
IN MACP NO.1009 OF 2006
1. This delay condonation application for restoration of the
motor accident claim petition No.1009 of 2006 which was
dismissed in default, has been pending since 2013 which is
seriously highlighted by the Hon’ble High Court in their
Inspection. There is specific directions to dispose of this long
pending application. Despite the same, no one is turning to see
the status of the matter. It has to be noted that this delay
condonation application is for restoration of MACP No.1009 of
2006 which was dismissed in default on 18.06.2010. There are
no details regarding Misc. Application No.329 of 2011 which is
referred in paragraph 2 of the restoration application which is
yet to be registered. Nor the copy of said Misc. Application
No.329 of 2011 is filed with any of the applications herein.
Therefore, why for there was the said Misc. Application No.329
of 2011 was made after dismissal of MACP No.1009 of 2006 on
18.06.2010, is not disclosed anywhere nor the propriety for its
mention in the restoration application which is yet to be
registered.
2. That apart, this delay condonation application has been
pending since 27.11.2019. No copies for serving the Opposite
party and Insurer have been filed with this application nor the
endorsement made by Bailiff seeking the same, has been
complied with till date. All this clearly indicates that the
applicant is not interested to make any progress in this matter
nor bonafide in making compliance by supplying the copies as
required. On the other hand, the Hon’ble High Court is very
hard in expecting the compliance of Inspection Notes.
Therefore, the Court cannot carry forward such idle matter of a
disinterested applicant for decades after decades. Having no
alternative and noting the absence of applicant and his Ld. Adv.
on record till 04:30 p.m., this Misc. Application No.562 of 2019
stands dismissed in default. The compliance of the Inspection
Note is being most humbly submitted to the Hon’ble High Court.
(M.G. Deshpande)
Member, C.R. 2
Date : 11.12.2025 MACT, Mumbai
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