Bombay High Court

SANDEEP S/O AMBAR SHGINDE AND OTHERS.versusTHE STATE OF MAHARASHTRA AND ORS.

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

Holding

The Court condoned the delay of 3,984 days in filing the first appeals, but barred the applicants from claiming interest or statutory benefits for the delayed period.

Summary

The applicants filed first appeals after a delay of 3,984 days and sought condonation of that delay. The State opposed, arguing lack of cogent evidence and that the applications were not traversed. The Court noted the applicants' willingness to forgo interest and statutory benefits and found no oblique motive, deeming condonation appropriate. Consequently, the delay was condoned on the condition that the applicants would not be entitled to interest or statutory benefits for the period of delay. The civil applications for condonation were allowed.

Issues considered

Whether a delay of 3,984 days in preferring first appeals can be condoned under the applicable procedural law.
Whether the applicants may claim interest and statutory benefits for the period of delay if the delay is condoned.

Subjects

condonation of delay
first appeal
interest
statutory benefits
civil procedure

Judgment

                             1               75-CA.12761-25 & ors.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

           75 CIVIL APPLICATION NO. 12761 OF 2025
                      IN FAST/32562/2025

         SANDEEP S/O AMBAR SHINDE AND OTHERS.
                        VERSUS
          THE STATE OF MAHARASHTRA AND ORS.

         WITH CIVIL APPLICATION NO. 12758 OF 2025
                    IN FAST/32556/2025
         WITH CIVIL APPLICATION NO. 12760 OF 2025
                    IN FAST/32559/2025

                                ...
     Advocate for Applicants : Mr. Madhav N. Kalyane h/f Mr.
                       Temkar Rajendra K.
       AGP for Respondent/s-State : Mr. S. N. Morampalle.
                                ...

                          CORAM : SHAILESH P. BRAHME, J.
                          DATE : 13.01.2026

PER COURT :-


1.     Applicants are praying for condonation of delay of 3984

days in preferring first appeals.


2.     For the reasons stated in the applications, delay is sought

to be condoned. Applications are contested by learned AGP. It

is submitted that no cogent evidence are assigned. The

contents of the applications have not been traversed. There is

no reason to infer any oblique motive on the part of the

applicants. The applicants are ready to give up interest and

statutory benefits for the delayed period.     It is desirable to
                             2                      75-CA.12761-25 & ors.odt


condone delay. The delay stands condoned on the condition

that applicants shall not claim interest and statutory benefits

for the delayed period.


3.      Civil applications for delay are allowed.


First Appeals


4.      Admit.


5.      Learned   AGP     waives         service   of   notice   for    the

respondent/State.


6.      Call for Record and Proceedings from the concerned

Court.


7.      Print is dispensed with.


8.      Appellants shall not be entitled to interest and the

statutory benefits for the delayed period.




                                            (SHAILESH P. BRAHME, J.)

                                   ...

vmk/-

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