Bombay High Court

SUSTAINABLE ARGO COMMERCIAL FINANCE LIMITED THROUGH MARUTI TUKARAM AGAVANEversusSUBHASH SHAHURAO CHANDNE

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The court condoned the 193‑day delay and disposed of the application, ordering mediation of the dispute.

Summary

The applicant, Sustainable Argo Commercial Finance Ltd., filed a criminal application seeking condonation of a 193‑day delay in filing an application for leave to appeal as a private party. The respondent opposed the condonation. The court, after considering the reasons provided, allowed the condonation and disposed of the application, directing the registry to register the leave to appeal. The court also ordered that notice be issued to the respondent and that the matter be referred for mediation, appointing Mr. Sandip R. Andhale as mediator with a one‑month timeline for a report. Both parties' counsel agreed to the mediation process.

Issues considered

Whether a delay of 193 days in filing an application for leave to appeal by a private party can be condoned.
Whether the matter should be referred to mediation following the condonation.

Subjects

condonation of delay
leave to appeal
private party
mediation
criminal procedure

Judgment

2026:BHC-AUG:8842
                                              -1-
                                                              928-APPLN-4791-2025

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                         CRIMINAL APPLICATION NO. 4791 OF 2025
                                  IN APPLN/4791/2025

                    SUSTAINABLE ARGO COMMERCIAL FINANCE LIMITED
                         THROUGH MARUTI TUKARAM AGAVANE
                                      VERSUS
                            SUBHASH SHAHURAO CHANDNE

                                              ......
              Advocate for Applicant : Mr. Sudhir K. Chavan
              Advocate for Respondent : Mr. Suyashkumar S. Jangada
                                              ......

                                         CORAM : ABHAY S. WAGHWASE, J.
                                         DATED : 27 FEBRUARY 2026

              PER COURT :

              1.         Present application is filed for condonation of delay of

              193 days caused in filing the Application for Leave to Appeal by

              Private Party.



              2.         Other side has opposed the application.



              3.         For the reasons stated in the application, the same is

              allowed. Delay stands condoned. The application is accordingly

              disposed of.



              4.         Registry to register the Application for Leave to Appeal

              by Private Party.
                                 -2-
                                                 928-APPLN-4791-2025

5.         Issue notice to the respondent in Application for Leave

to Appeal by Private Party. Learned Advocate Mr. Suyashkumar S.

Jangada waive service on behalf of respondent.



6.         Both learned Advocate unanimously submit that

matter may be referred for Mediation.



7.         Learned Advocate Mr. Sandip R. Andhale is appointed

as Mediator.



8.         Parties to appear before learned Mediator as per his

convenience. The learned Mediator shall endevour to conclude

mediation within a period of one month and submit report to this

Court on or before 06.04.2026.


                                       (ABHAY S. WAGHWASE, J.)




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