Bombay High Court

KUSUM W/O. DILIP SHIKETOD.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The application for condonation of delay is allowed, subject to the claimant’s undertaking not to claim statutory benefits or interest for the delayed period.

Summary

The original claimant, Kusum, filed a civil application seeking condonation of a delay of 2,540 days in pursuing her claim against the State of Maharashtra. The application explained the reasons for the delay in paragraphs 3 to 5 of the pleadings. The High Court examined whether the explanation was sufficient to justify condonation of such a lengthy delay. The Court held that the explanation was valid and therefore allowed the application, but imposed a condition that the claimant must give an undertaking not to claim any statutory benefit or interest for the period of delay. The undertaking must be filed with the Judicial Registrar within four weeks. Consequently, the civil application was allowed in terms of prayer clause ‘B’.

Issues considered

Whether the court may condone a delay of 2,540 days in the claimant's suit.
Whether the claimant can be barred from claiming statutory benefits and interest for the delayed period.

Subjects

condonation of delay
civil procedure
statutory benefits
interest
undertaking
High Court of Bombay
application

Judgment

2026:BHC-AUG:41092


                                                   1                       1100.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                CIVIL APPLICATION NO. 5862 OF 2026
                                               IN
                                         FAST/13257/2026

                                   KUSUM W/O. DILIP SHIKETOD

                                               VERSUS

                   THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR
                                  OSMANABAD AND ORS.

                                                  ...
                          Advocate for Applicant : Mr. Bide Dnyaneshwar A.
                           AGP for Respondent/s – State : Ms. Deepali Jape
                                                  …

                                        CORAM : MANJUSHA DESHPANDE, J.

                                        DATE       : 03rd SEPTEMBER, 2026


              PER COURT :

              1.            This is an Application filed by the original Claimant for

              condonation of delay of 2540 days.


              2.            Delay has been appropriately explained in paragraph nos. 3

              to 5 in detail.


              3.            Considering the valid explanation given by the Claimant, the

              Application deserves to be allowed, subject to condition that the

              Claimant shall furnish an undertaking to the Registrar (Judicial) of this
                                    2                         1100.odt


Court, stating that she shall not claim any statutory benefit and interest

for the delayed period, within a period of four weeks.


4.           Civil Application is allowed in terms of prayer clause ‘B’.




                                     ( MANJUSHA DESHPANDE, J. )




SPC

Continue reading with your account

Checking your session…