Bombay High Court

RELIANCE GENERAL INSURANCE COMPANY LIMITED THANE DIVISIONAL OFFICEversusMR.KRISHNA BHAGWAN GHODKE AND ANR.

Decided: 17 September 2026
Disposal: Allowed

Holding

The court granted condonation of delay, allowing the first appeal to be heard on its merits.

Summary

Reliance General Insurance Company Limited filed a first appeal against a decree and sought condonation of delay in filing the appeal. The respondents, Mr. Krishna Bhagwan Ghodke and another, were served but did not appear before the court. The applicant moved a civil application for condonation of delay, arguing that justice required the appeal to be heard on its merits. Justice Arif S. Doctor, after hearing counsel and reviewing the interim application, granted the condonation, allowing the appeal to proceed. The court ordered the appeal to be re-notified for admission on 15 October 2026 and disposed of the civil application.

Issues considered

Whether the court should condone the delay in filing the first appeal under the principles of substantive justice

Subjects

condonation of delay
first appeal
civil procedure
insurance
admission of appeal

Judgment

                                                                1/2                 33 CAF-1915-2018.DOC




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

SAIRAJ
SANJAY                                           CIVIL APPLICATION NO. 1915 OF 2018
KARANDE
Digitally signed by
                                                                IN
SAIRAJ SANJAY
KARANDE
Date: 2026.09.18
                                                FIRST APPEAL (St.) NO. 3884 OF 2018
10:52:24 +0530



                      Reliance General Insurance Company Limited
                      Thane Divisional Office                                 … Applicant
                                      Vs.
                      Mr.Krishna Bhagwan Ghodke & Another                     … Respondents


                                                              WITH
                                              FIRST APPEAL (St.) NO. 3884 OF 2018
                                                             _______
                      Mr. Shalini Shankar for Appellant.
                                                             _______


                                                   CORAM         :     ARIF S. DOCTOR, J.
                                                   DATE          :     17th SEPTEMBER 2026.


                      P.C.


                      Civil Application No. 1915 of 2018 :


                      1.       This Civil Application seeks condonation of delay in filing captioned First


                      Appeal.


                      2.       Respondents have been served. However, none has appeared on behalf of


                      the Respondents.




                      Sairaj
                                             2/2               33 CAF-1915-2018.DOC


3.       Having heard learned counsel for the Applicant and having perused the


averments made in the Interim Application, in my view, in the substantive


interest of justice, the Civil Application would be required to be allowed and the


First Appeal be heard on merits.


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


5.       Civil Application is disposed of.


First Appeal (St.) No. 3884 of 2018 :


6.        Re-notify for admission subject to numbering on 15th October, 2026.




                                                                (ARIF S. DOCTOR, J.)




Sairaj

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Shalini Shankar