Bombay High Court

AMAR ASHOK KARALEversusDHANESH MANIKCHAND GUGALE AND ANR

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

Holding

The court held that the 289‑day delay is condoned in the interest of justice.

Summary

The applicant, Amar Ashok Karale, filed an application seeking condonation of a 289‑day delay in filing his first appeal. The respondent argued that the applicant had previously deposited over Rs.12,00,000, which had been withdrawn, and therefore no financial hardship existed to justify the delay. The court examined the delay, the applicant’s claim of financial crisis, and the precedent set by the Supreme Court in M.D.A. Chaudhary v. Kartar Chand. Considering the length of the delay, the circumstances of the case, and the principles of justice, the court decided to condone the delay. Consequently, the appeal was registered, with directions that any enhanced compensation would not attract interest for the delayed period, and service of notice was permitted by private mode.

Issues considered

Whether a delay of 289 days in filing a first appeal can be condoned under Indian law
Whether the applicant’s alleged financial crisis constitutes sufficient ground for condonation
Whether interest on compensation is payable for the period of delay

Subjects

condonation of delay
first appeal
financial crisis
interest on compensation
service of notice
justice

Judgment

                                           1                           39 ca.9637.25.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.
                    39 CIVIL APPLICATION NO. 9637 OF 2025
                              IN FAST/23534/2025

                          AMAR ASHOK KARALE
                                   VERSUS
              DHANESH MANIKCHAND GUGALE AND ANR
                                      ...
Advocate for Applicant : Mr. Tejas Sanjay Kotkar.
Advocate for Respondent No.2 : Mr. Shrikrishna R. Bodade.
                                      ...


                                  CORAM : SANJAY A. DESHMUKH, J.
                                  DATE         :   22nd June, 2026.
P.C.:

1       This is an application for condonation of delay of 289 days
caused in filing the first appeal.


2       Heard the learned counsel for the parties.               Perused the
application.


3       The learned counsel for respondent No.2 submitted that more
than Rs.12,00,000/- were deposited, which are withdrawn. Therefore,
there cannot be financial crisis for filing the appeal. He, therefore,
submitted to reject the application, as there is no sufficient ground to
condone the delay.


4       Perused the application. No doubt, there is a ground raised in
the application of financial crisis, however, considering the period of
delay of 289 days and the facts and circumstances of the case as well
as the law laid down by the Honourable Supreme Court in the case of
M.      D.     A.    Chaudhary       Vs.   Kartar      Chand     and     Ors.,
MANU/SC/0877/2025, for deciding the lis                finally on merits, the
application deserves to be allowed in the interest of justice.
                                           2                          39 ca.9637.25.odt




      5     For the reasons stated in the application, the delay stands
      condoned. The application stands allowed in the interest of justice.
      Appeal be registered.


      6     It is made clear that in case the amount of compensation is
      enhanced, the claimants shall not be entitled for the amount of interest
      for the delayed period.



      Appeal :

      7     Issue notice to the respondents, returnable on 3 rd August, 2026.
      Mr. S. R. Bodade, learned counsel waives notice on behalf of
      respondent No.2.


      8     The learned counsel for the appellant seeks leave to serve
      respondent No.1 by private mode.         Leave granted.   In addition to
      regular mode of service, private service, as is permissible in law, is
      permitted.


      9     Call for record and proceedings.



                                           [ SANJAY A. DESHMUKH, J. ]
nga

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