Bombay High Court

THE STATE OF MAHARASHTRA AND ANR.versusSHRI VISHNU SHIVA CHAUDHARI

Decided: 25 August 2026
Disposal: Allowed

Holding

The court allowed condonation of delay, ordered the appellant to file a paper book within a year, and granted ad‑interim relief requiring deposit of the decretal amount with interest within eight weeks.

Summary

The State of Maharashtra appealed against Vishnu Shiva Chaudhari in a civil appeal before the Bombay High Court. An interim application seeking condonation of delay was filed, and the court, after considering the reasons, allowed the condonation. The court directed the appellant to file a paper book within one year. It also granted ad‑interim relief, ordering the appellant to deposit the entire decretal amount with interest in the reference court within eight weeks. The interim applications were disposed of in accordance with these orders.

Issues considered

Whether condonation of delay should be granted in the interim application
Whether the appellant should be directed to file a paper book
Whether ad‑interim relief requiring deposit of decretal amount with interest is appropriate

Subjects

condonation of delay
interim relief
civil appeal
paper book
decretal amount
interest
High Court

Judgment

                                                                             45-fast16657-2017.doc


                      AGK
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                      FIRST APPEAL (ST) NO. 16657 OF 2017
                                                     WITH
                              CIVIL APPLICATION IN FIRST APPEAL NO. 1201 OF 2018
                                                     WITH
                              CIVIL APPLICATION IN FIRST APPEAL NO. 1202 OF 2018

                      The State Of Maharashtra And Anr.             … Appellants
                                 V/s.
                      Vishnu Shiva Chaudhari                        … Respondent



ATUL                  Mr A.R. Patil, Additional G.P. for the appellants/State.
GANESH
KULKARNI              Ms. Bhavana Khemani i/by Mr. Anil Ahuja for the
Digitally signed by
ATUL GANESH
KULKARNI
                      respondent.
Date: 2026.08.25
17:36:15 +0530



                                                    CORAM     : AMIT BORKAR, J.

                                                    DATED     : AUGUST 25, 2026
                      P.C.:
                      Civil Application No.1201 of 2018:

                      1.       Though the opponent objected for condonation of delay,
                      considering the reasons explained in paragraphs 2 to 4 of the
                      interim application which constitutes sufficient cause, the civil
                      application is allowed.

                      First Appeal (St.) No.16657 of 2017:

                      2.       Admit.

                      3.       Appellant to file paper book within one year from today.




                                                          1
                                                   45-fast16657-2017.doc


Civil Application No.1202 of 2018:

4.   Considering the issue involved in the appeal, there shall be
ad-interim relief in terms of prayer clause (b), subject to the
appellant depositing entire decretal amount along with interest
with the Reference Court within eight weeks from today.

5.   The interim application stands disposed of in above terms.


                                          (AMIT BORKAR, J.)




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