Bombay High Court
SMT. GEETA L. BHRASADIYA AND ORS.versusUNION OF INDIA THROUGH THE GENERAL MANAGER,
- Decided
- Disposal
- Allowed
Holding
The Court condoned the delay, allowed the amendment of the delay period to 380 days, and ordered compliance with procedural directions.
Summary
The appellant, Smt. Geeta L. Bhrasadiya, filed a civil application seeking condonation of delay and amendment of the number of days of delay recorded in the appeal from 5 to 380 days. The High Court, after considering the reasons set out in paragraph 4 of the application, granted leave to amend the delay figure and dispensed with reverification. The Court also directed the appellant to compile the appeal documents in a private paper book within sixteen weeks, failing which the appeal would be dismissed. The appellant was ordered to serve the appeal memorandum on the respondent’s counsel within one week, with non‑compliance leading to dismissal. All procedural directions were issued without any substantive adjudication on the merits of the underlying dispute.
Issues considered
- Whether the delay in filing the appeal can be condoned.
- Whether the number of days of delay can be amended from 5 to 380 days.
- Whether the appellant must be directed to compile a private paper book within a specified time.
- Whether service of the appeal memorandum on the respondent’s counsel is mandatory for continuation of the appeal.
Subjects
- civil procedure
- condonation of delay
- amendment of pleadings
- paper book filing
- service of notice
Judgment
15-FA(ST)-22641-2015.doc
rsk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL (ST) NO.22641 OF 2015
WITH
CIVIL APPLICATION NO.1575 OF 2016
Smt. Geeta L. Bhrasadiya And
Ors. … Appellant
Versus
Union Of India Through The
General Manager ...Respondent
_____________________________________________________
Mr. Aditya Kore i/b. Bidaye & Associates , for the Appellant.
Mr. Chetan C. Agrawal for the Respondent.
_____________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 18 MARCH 2026
P. C.:
CIVIL APPLICATION NO.1575 OF 2016
1. Leave granted to substitute number of days of delay in the Civil
Application by replacing 5 with 380 days. Amendment to be carried out
forthwith. Reverification is dispensed with.
2. For the reasons stated in the application in paragraph 4, delay is
condoned. Application is allowed.
Digitally signed
by
RAJESHWARI
RAJESHWARI SUBODH
FIRST APPEAL (ST) NO.22641 OF 2015
SUBODH KARVE
KARVE Date:
2026.03.18
17:13:35
+0530 3. Admit.
4. Issue notice to the respondents. Mr. Agrawal, learned counsel
waives service for respondent.
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15-FA(ST)-22641-2015.doc
5. Compilation of documents in the format of private paper book to
be filed within sixteen weeks from today, failing which Appeal shall
stand dismissed without recourse to the Court.
6. Records & Proceedings be called.
7. Liberty to the party to move the Court after paper book is filed.
8. Learned counsel for the appellant is directed to serve the appeal
memo on Mr.Agrawal within one week from today failing which appeal
will stand dismissed.
[ JITENDRA JAIN, J. ]
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