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Bombay High Court

SHRI. ASHOK MITHAILAL BENBANSHI AND ORS.versusUNION OF INDIA, THROUGH THE GENERAL MANAGER AND ANR.

Decided
Disposal
Allowed

Holding

The court condoned the 114‑day delay and allowed the civil application seeking such condonation.

Summary

The applicants filed a first appeal 114 days after the prescribed period and filed a civil application seeking condonation of this delay. The respondents chose not to oppose the application and did not file an affidavit. The court examined the averments and, considering the interests of justice, decided that condoning the delay would best serve the substantive cause of justice. Consequently, the court allowed the civil application, condoned the delay, and ordered that the first appeal be heard on its merits. The decision reflects the court's discretion to grant condonation where it is not opposed and justice is not prejudiced.

Issues considered

  • Whether a delay of 114 days in filing a first appeal can be condoned under the procedural law.

Subjects

  • condonation of delay
  • civil appeal
  • procedural law
  • High Court of Bombay
  • substantive cause of justice

Judgment

                                                                1/1               31-CAF-1612-2019 (C).DOC



       Digitally
       signed by
       VAIBHAV
VAIBHAV NAMDEV
NAMDEV BARE
BARE    Date:
       2026.07.24
       10:35:35
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       +0530


                                                CIVIL APPELLATE JURISDICTION


                                            CIVIL APPLICATION NO. 1612 OF 2019
                                                                IN
                                             FIRST APPEAL (ST) NO. 32441 OF 2018
                    Shri. Ashok Mithailal Benbanshi And Ors.                                 ...Applicants
                              Versus
                    Union Of India, Through The General Manager And Anr.                     ...Respondents
                                                             _______
                    Mr. Kuldip Singh, for the Applicants.
                    Mr. Gautam Modanwal a/w Ms. Aarti Gupta and Ms. Vaishali Barot i/b T. J.
                    Pandian, for the Respondents.
                                                             _______

                                                                      CORAM : ARIF S. DOCTOR, J.
                                                                      DATE    : 22nd JULY, 2026

                    P.C.
                    1.        The present Civil Application seeks condonation of delay of 114 days in

                    filing the captioned First Appeal.

                    2.        Learned counsel for the Respondents does not wish to file an affidavit to

                    oppose the Civil Application.

                    3.        Having due regard to the averments made, I find that the substantive cause

                    of justice would best be served if the Civil Application is allowed, the delay is

                    condoned and the First Appeal is heard on merits.

                    4.        Hence, the Civil Application is allowed in terms of prayer clause (a).



                                                                                      [ARIF S. DOCTOR, J.]




                    Vaibhav


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