Bombay High Court

RAMESHWAR RAMDAYALJI KALANI (DECEASED) THR LRS. VINOD RAMESHWAR KALANI AND ORSversusGOVINDPRASAD BALAPRASAD KALANI AND ORS

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

Holding

The court condoned the 5,893‑day delay in filing the first appeal.

Summary

The applicant, a permanently disabled 30% injured plaintiff, sought compensation from a tribunal but received a modest award. Due to his ill health and the misplacement of his case file during a lawyer's office relocation, he was unable to file the first appeal within the prescribed limitation period, resulting in a delay of 5,893 days. The respondent opposed condonation, arguing no sufficient cause. The court, referencing the Supreme Court’s decision in New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (2022), held that the delay was not deliberate and granted condonation in the interest of justice. Consequently, the application for condonation was allowed, costs were imposed, and the matter was disposed.

Issues considered

Whether a delay of 5,893 days in filing a first appeal can be condoned under the law.
Whether the applicant’s health condition and misplacement of the file constitute sufficient cause for condonation.

Subjects

condonation of delay
limitation period
civil appeal
disability
compensation
high court

Judgment

                                              940 CA NO. 14790 OF 2023.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
           940 CIVIL APPLICATION NO. 14790 OF 2023
                      IN FAST/27098/2023

     Rameshwar Ramdayalji Kalani (deceased) Thr Lrs. Vinod
                    Rameshwar Kalani And Ors
                             VERSUS
             Govindprasad Balaprasad Kalani And Ors
                                ...
Mr. Barlinge Sudhir Raghunath, Malpani Mohit R. For Appellants,
Advocate for Applicant
Mr. H. G. Panchal, Advocate for Respondent No.2
                                ….

                     CORAM : SANJAY A. DESHMUKH, J.
                       DATE : 18.03.2026
PER COURT :-

1.          Heard.


2.          This is an application for condonation of delay of 5893

days caused in filing the first appeal.


3.          Learned advocate for the applicant submitted that the

applicant was injured and sustained permanent disability to the

extent of 30%. He contended that the learned Tribunal awarded a

meager amount of compensation. However, the applicant could

not immediately approach the advocate on account of ill health

and thereafter had to make arrangements for expenses, which was

also difficult considering the permanent disability suffered by him.


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                                   (( 2 ))      940 CA NO. 14790 OF 2023


He further submitted that after the case papers were handed over to

his advocate, there was a shifting of the lawyer’s office, and during

such shifting, the applicant’s file was misplaced and could not be

traced for a considerable period. On this account also, there was a

delay in filing the appeal. He prayed to condone the delay, as it is not

deliberately caused.


4.             The learned Advocate for respondent No.2 strongly

opposed the application and submitted that there is no sufficient

reason to condone the delay. He therefore prayed to reject the

application.


5.        On perusal of the application, it appears that the file was

misssing and therefore, the appeal could not be preferred within the

period of limitation. The applicant is an old aged person and his legal

rights ought to be decided on merits. Therefore, considering the law

laid down by the Hon’ble Supreme Court in Civil Appeal No.8331-

8345 of 2022 in the case of New Okhla Industrial Development

Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead)

Through Legal heir & Anr. decided on 17.11.2022, and the fact that

the delay is not deliberately caused, the application deserves to be

allowed in the interest of justice. Hence, the following order:

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                                    (( 3 ))    940 CA NO. 14790 OF 2023


                               ::ORDER::

a.         Civil Application is allowed.

b.         The delay of 5893 days caused in filing the first appeal is

           condoned, subject to payment of costs of Rs.2,000/- to be

           deposited with the office of the High Court Legal Services

           Sub-Committee, Aurangabad, on or before 10.04.2026.

c.         The application is disposed of.


FIRST APPEAL

1.          Upon deposting the costs, issue notice to the respondents,

returnable on 08.07.2026.

2.          Learned Advocate Mr. H. G. Panchal waives service of

notice for Respondent No.2.

3.          Call Record and Proceedings.



                                  [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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