Bombay High Court
COSMOS TEXTILE MILLS PVT. LTD.versusM/S. DHANESH and CO. AND ORS.
- Decided
- Disposal
- Allowed
Holding
The delay in filing the first appeal is condoned, and the appeal shall be heard on its merits.
Summary
The applicant, Cosmos Textile Mills Pvt. Ltd., filed a civil application seeking condonation of delay in filing its first appeal, alleging that the respondents had been duly served but did not appear. The court examined the explanation for the delay and considered whether it caused prejudice to the respondents. Justice Arif S. Doctor held that the delay was sufficiently explained and not inordinate, and that no prejudice was shown. Accordingly, the court ordered that the delay be condoned and the first appeal be heard on its merits. The civil application was allowed and disposed of.
Issues considered
- Whether the delay in filing the first appeal can be condoned under procedural law
- Whether the delay caused any prejudice to the respondents
Subjects
- condonation of delay
- civil appeal
- procedural law
- prejudice
- High Court of Bombay
Judgment
1/2 30-CAF-3894-2018 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
signed by
MOHAMMAD CIVIL APPELLATE JURISDICTION
MOHAMMAD AREEB
AREEB MOHD
MOHD AKBAR
AKBAR Date:
2026.09.08
19:19:19
+0530 CIVIL APPLICATION NO. 3894 OF 2018
IN
FIRST APPEAL (ST) NO. 22921 OF 2018
Cosmos Textile Mills Pvt. Ltd. ...Applicant
Versus
M/s. Dhanesh and Co. ...Respondent
WITH
CIVIL APPLICATION NO. 3895 OF 2018
IN
FIRST APPEAL (ST) NO. 22921 OF 2018
_______
Mr. Mihir R. Govilkar for the Applicant.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 3rd SEPTEMBER, 2026
P.C.
1. The Civil Application seeks condonation of delay in filing of the captioned
First Appeal. Mr. Govilkar, learned Counsel appearing on behalf of the
Applicant, points out that though the Respondents have been duly served, none
appears on their behalf.
2. Having heard learned Counsel for the Applicant and having perused the
averments made in the Civil Application, I find that the substantive interest of
justice would best be served if the delay is condoned and the First Appeal is
heard on merits.
Areeb
2/2 30-CAF-3894-2018 (C).DOC
3. Even otherwise, I find that the delay has been sufficiently explained and is
not so inordinate as to cause any prejudice to the Respondents. Accordingly, the
Civil Application is allowed in terms of prayer clause (a).
4. The Civil Application is accordingly allowed and disposed of.
[ARIF S. DOCTOR, J.]
Areeb
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