Bombay High Court

MAHARASHTRA INDUSTRIAL DEVELOPMENT CORPORATIONversusSHRI. JAGDISH TORANLAL DAMANI @ GUJAR AND OTHERS

Decided: 25 August 2026
Disposal: Allowed

Holding

The court held that the delay in filing the appeal could be condoned and that the civil applications seeking procedural relief were allowed.

Summary

The appellant, Shabnoor Ayub, filed a first appeal (ST) No. 21816 of 2019 against Maharashtra Industrial Development Corporation and others. The appeal was accompanied by two civil applications (Nos. 186 and 187 of 2020) seeking procedural relief. The court was urged to condone the delay in filing the appeal and to direct the appellant to file the paper book within a stipulated period. It was also submitted that the amount in dispute had already been deposited and subsequently withdrawn by the claimants, rendering further relief unnecessary. Justice Amit Borkar, after considering the submissions, held that the delay could be condoned and allowed the civil applications. The appellant was ordered to file the paper book within one year, and the application concerning the deposited amount was allowed as per the prayer clause. Both civil applications were consequently disposed of.

Issues considered

Whether the delay in filing the first appeal can be condoned
Whether the appellant should be directed to file the paper book within a specific time frame
Whether the civil application concerning the deposited amount should be allowed

Subjects

condonation of delay
civil application
paper book filing
deposit and withdrawal of amount
first appeal
procedural order

Judgment

                                                                          63-FA(ST)-21816-2019.doc


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

                                         FIRST APPEAL (ST) NO. 21816 OF 2019

SHABNOOR
                      Maharashtra Industrial
AYUB                  Development Corporation                       … Appellant
PATHAN
                                  V/s.
Digitally signed by
SHABNOOR AYUB
PATHAN
                      Shri. Jagdish Toranlal Damani
Date: 2026.08.25
16:19:00 +0530
                      @ Gujar And Others                            … Respondents

                                                     WITH
                              CIVIL APPLICATION IN FIRST APPEAL NO. 186 OF 2020

                                                     WITH
                              CIVIL APPLICATION IN FIRST APPEAL NO. 187 OF 2020


                      Mr. Kunal Damle a/w Ms. Iraa Dube Patil i/b M/s. Jay
                      & Co., for the Appellant/ Applicant.
                      Mr. A. R. Patil, Addl. GP, for the State – Respondent
                      No.7.
                      Mr. Prakash M., for Respondent Nos.1 to 4.



                                                    CORAM     : AMIT BORKAR, J.

                                                    DATED     : AUGUST 25, 2026
                      P.C.:
                              CIVIL APPLICATION IN FIRST APPEAL NO. 186 OF 2020

                      1.      For the reasons stated in the application, the delay in filing
                      the appeal is condoned.

                      2.      The Civil Application is accordingly allowed and stands
                      disposed of.




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                                                  63-FA(ST)-21816-2019.doc


               FIRST APPEAL (ST) NO. 21816 OF 2019

3.    Admit.

4.    The appellant shall file the paper book within a period of one
year from today.

     CIVIL APPLICATION IN FIRST APPEAL NO. 187 OF 2020

5.    Since the amount has already been deposited and the same
has been withdrawn by the claimants, the application is allowed in
terms of prayer clause (b).

6.    The civil application accordingly stands disposed of.


                                             (AMIT BORKAR, J.)




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