Bombay High Court

GUNWAT S/O ANANDRAO PATILversusTHE STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR, COLLECTORATE, NANADED

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: RAJNISH R VYAS

Holding

The Court condoned the delay in filing the appeal, subject to costs and an undertaking.

Summary

The applicant, a poor individual, sought condonation of a 205‑day delay in filing a first appeal against a Reference Court award. He alleged that COVID‑19 lockdowns and lack of public transport prevented him from visiting his advocate and arranging the necessary fees. The respondent State opposed the application, claiming the delay was not properly explained. The Court, noting the applicant’s poverty and the satisfactory explanation of the delay, granted the condonation subject to a cost of Rs.1,000 and an undertaking not to claim interest for the delayed period. Consequently, the appeal was ordered to be registered.

Issues considered

Whether the Court should condone a delay of 205 days in filing a first appeal on the grounds of poverty and COVID‑19 related difficulties.

Subjects

condonation of delay
civil appeal
COVID-19
poverty
procedural law

Judgment

                                                                  926.CA.4205.2021



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                       CIVIL APPLICATION NO. 4205 OF 2021
                                       IN
                    FIRST APPEAL (STAMP) NO. 21482 OF 2020

Gunwant s/o Anandrao Patil                                 ...Applicant

         Versus

The State of Maharashtra and Others                        ...Respondents

                                 ***
Mr. S. R. Bagal h./f Mr. Gadegaonkar Bharat N., Advocate for the
Mr. V. S. Badakh, AGP for Respondent – State.
                                 ***

                                       CORAM : RAJNISH R. VYAS, J.
                                       DATE : JANUARY 28, 2026
PER COURT :

1.                 This is an application for condonation of delay of 205 days

in filing the first appeal challenging the award passed by the Reference

Court in LAR No.105 of 2014.


2.                 The claimant has submitted that it is due to covid-19

pandemic lock down and lack of public transport, the claimant could

not visit the office of the advocate, so also could not arrange the

necessary fees for filing of the appeal. It is submitted that the claimant

is from poor family and therefore, the appeal was not filed within the

time bound period.

Shrikant Malani                                                        Page 1 of 2
                                                               926.CA.4205.2021




3.                The learned APP opposes the application and contends that

the delay is not properly explained.


4.                In view of the fact that the applicant was a poor person

and he has explained the delay in a proper manner.         Accordingly, the

present application is allowed, subject to payment of costs of

Rs.1,000/- be paid to the Library of the Advocates Association of

Bombay High Court, Aurangabad. The delay is condoned, subject to

the applicant giving undertaking that he will not claim interest for the

delayed period.


5.                Since the application is disposed of, the appeal be

registered accordingly.



                                                ( RAJNISH R. VYAS, J. )




Shrikant Malani                                                     Page 2 of 2

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