Bombay High Court

CHANDRAKANT GOVINDRAO INDRALE.versusTHE STATE OF MAHARASHTRA THROUGH DIST COLLECTOR LATUR. AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The delay of 2,126 days is condoned on the condition that the appellant is not entitled to interest or statutory benefits for the delayed period.

Summary

The applicant, ChandraKant Govindrao Indrale, filed an application seeking condonation of a 2,126‑day delay in preferring an appeal against a decision of the State of Maharashtra. The court found no objection to the contents of the application, no evidence of any oblique motive, and noted that the applicant was willing to forgo any interest or statutory benefits accrued during the delayed period. Accordingly, the court condoned the delay but imposed a condition that the applicant would not be entitled to any interest or statutory benefits for the period of delay. The respondent’s counsel waived service of notice, and the court dispensed with printing the record. The final order directed that the appellant could not claim interest or statutory benefits for the delayed period.

Issues considered

Whether a delay of 2,126 days in preferring an appeal can be condoned under the applicable procedural law.
Whether the appellant is entitled to interest and statutory benefits for the period of delay if the delay is condoned.

Subjects

condonation of delay
interest
statutory benefits
civil appeal
service of notice waiver
procedural law

Judgment

                                         (1)                        131 CA 12618 OF 2025


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD
                  131 CIVIL APPLICATION NO. 12618 OF 2025
                             IN FAST/33588/2025
                  CHANDRAKANT GOVINDRAO INDRALE.
                                   VERSUS
 THE STATE OF MAHARASHTRA THROUGH DIST COLLECTOR LATUR. AND
                                     ANR.
                                       ...
Mr. Dhananjay K. Thote h/f. Mr. A. V. Patil Indrale, Advocate for Applicant
Mr. S. N. Morampalle, AGP for Respondent/s-State
                                       …
                                   CORAM       : SHAILESH P. BRAHME, J.
                                   DATE        : 20.02.2026

PER COURT :-
.             The applicant seeks to condone delay of 2126 days in preferring
the appeal.
2.            The contents of the application have not been controverted. There
is no reason to infer any oblique motive on the part of the applicant. He is
ready to give up the interest and statutory benefits for the delayed period.
3.            The delay stands condoned on condition that the applicant shall
not entitled to the interest and statutory benefits for the delayed period.
FIRST APPEAL STAMP NO.
4.            Admit.   Learned     AGP    waives   service    of   notice    for    the
respondent/s-State.
5.            Call for Record and Proceeding. Print is dispensed with.
6.            The appellant shall not be entitled to the interest and statutory
benefits for the delayed period.



                                                     ( SHAILESH P. BRAHME, J. )
PRW

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