Bombay High Court

MAGMA HDI GENERAL INSURANCE CO LTDversusJAYSHRI LAHU BHAD AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The court held that the delay was not deliberate and therefore condoned it, and also waived the notice for respondents Nos.2 to 5.

Summary

Magma Hdi General Insurance Co Ltd filed Civil Application No.13046 of 2025 seeking condonation of a 37‑day delay in filing its first appeal. The court examined the reasons for the delay and concluded that it was not deliberate. Accordingly, the application for condonation was allowed, and the delay was condoned in the interest of justice. In the first appeal, the court issued a notice to the respondents, set to return on 13 July 2026, but the respondent’s counsel waived the notice for respondents Nos.2 to 5. The record was called for further proceedings.

Issues considered

Whether a 37‑day delay in filing a first appeal can be condoned under the Civil Procedure Code.
Whether the notice issued in the first appeal can be waived for certain respondents.

Subjects

condonation of delay
first appeal
Civil Procedure Code
notice waiver
interest of justice

Judgment

2026:BHC-AUG:23878


                                                                               ca13046.25
                                                    -1-


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                              954 CIVIL APPLICATION NO. 13046 OF 2025
                                                WITH
                                CIVIL APPLICATION NO. 5448 OF 2026
                                          IN FAST/34855/2025

                                Magma Hdi General Insurance Co Ltd
                                               VERSUS
                                    Jayshri Lahu Bhad And Others
                                                   ...
                 Advocate for Applicant : Mr. Mohit R.Deshmukh
                 Advocate for Respondent Nos. 2 to 5 : Mr. Swapnil S. Dargad
                                                   …..

                                        CORAM : SANJAY A. DESHMUKH, J.
                                        DATED : 17th JUNE, 2026

                 PER COURT :-


                 1.          The civil application No.13046 of 2025 is filed for
                 condonation of delay of 37 days caused in filing the first appeal.
                 Perused the application and heard learned advocates for both sides.
                 Considering the reasons stated in the application, it appears that the
                 delay caused is not deliberate. Therefore, the application is allowed.
                 The delay caused in filing the appeal is condoned in the interest of
                 justice.


                 2.          In first appeal, issue notice to the respondents, returnable
                 on 13.07.2026.      Mr. Dargad, learned advocate waives notice for
                 respondent Nos.2 to 5. Call for record and proceedings.



                                                     (SANJAY A. DESHMUKH, J.)

                 rlj/

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