Bombay High Court

KAMALBAI W/O. SHANKAR (DIED) T/R L.RS. PANDURANG SHANKAR RAJKUNTWAR @ PANDHARINATH S. RAJKUNTWARversusTHE STATE OF MAHARASHTRA THR DIST COLLECTOR NANDED AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the 1,341‑day delay on the condition that the applicant undertakes not to claim any statutory benefits or interest for the delayed period.

Summary

The applicant, Kamalbai (representing the estate of the deceased), filed a civil application seeking condonation of a 1,341‑day delay in filing an appeal against the State of Maharashtra and others. The primary issue was whether such a lengthy delay could be condoned by the High Court. The Court examined the explanation provided by the applicant and considered the principles of equity and procedural fairness. It decided to condone the delay but imposed a condition that the applicant must undertake not to claim any statutory benefits or interest for the period of delay. The undertaking was to be filed within six weeks. Accordingly, the civil application was allowed and the matter disposed of.

Issues considered

Whether a delay of 1,341 days in filing an appeal can be condoned?
Whether the applicant may claim statutory benefits and interest for the period of delayed filing?

Subjects

delay condonation
civil procedure
statutory benefits
interest
appeal
High Court of Bombay

Judgment

2026:BHC-AUG:40834


                                                    1                      1028.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                           CIVIL APPLICATION NO. 2325 OF 2026
                                    IN FAST/4619/2026
                KAMALBAI W/O. SHANKAR (DIED) T/R L.RS. PANDURANG
              SHANKAR RAJKUNTWAR @ PANDHARINATH S. RAJKUNTWAR
                                          VERSUS
                 THE STATE OF MAHARASHTRA THR DIST COLLECTOR
                                  NANDED AND ORS.
                                             ...
                   Advocate for Applicant : Mr. Bilolikar Upendra Bapurao
                  AGP for Respondent Nos. 1 & 2 : Ms. Kishor S. Hoke Patil
                                             …
                                  CORAM : MANJUSHA DESHPANDE, J.
                                  DATE : 03rd SEPTEMBER, 2026

              PER COURT :

              1.          There is a delay of 1341 days in filing the Appeal by the

              Claimant.

              2.          In view of the explanation given by the Applicant, delay of

              1341 days is condoned subject to condition that the Applicant shall

              furnish an undertaking to this Court that he shall not claim any statutory

              benefits and interest for the delayed period. The undertaking shall be

              given within a period of six weeks.

              3.          The Civil Application is allowed with the aforementioned

              directions and disposed of, accordingly.




                                                        ( MANJUSHA DESHPANDE, J. )
              SPC

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