Bombay High Court
STATE BANK OF INDIAversusTHE BOARD OF TRUSTEES OF THE PORT OF BOMBAY AND ORS.
- Decided
- Disposal
- Allowed
Holding
The Court condoned the 35‑day delay and allowed the appeal to be numbered.
Summary
The State Bank of India (SBI) filed a civil application before the High Court of Bombay seeking condonation of a 35‑day delay in filing an appeal against a City Civil Court order dated 27 April 2015, which held SBI jointly liable to pay Rs 307,736 with 10% interest. The High Court examined whether the delay could be condoned under the procedural law. Relying on the principle that courts may grant condonation of delay if sufficient cause is shown, the Court found the reasons given in paragraph 3 of the application satisfactory. Consequently, the Court condoned the delay, disposed of the civil application, and directed the registry to number the appeal. The order effectively allowed SBI to proceed with its appeal against the original judgment.
Issues considered
- Whether a delay of 35 days in filing an appeal can be condoned under the Code of Civil Procedure.
Subjects
- condonation of delay
- civil appeal
- interest
- joint liability
- State Bank of India
- High Court of Bombay
Judgment
HMK 1 07. CAF-4140-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 4140 OF 2015
IN
Digitally
SAYYED signed
SAYYED
by
FIRST APPEAL (ST.) NO. 29355 OF 2015
SAEED SAEED ALI
ALI AHMED ALI
AHMED Date:
2026.03.10
ALI 10:25:12
+0530 State Bank Of India ….Applicant/Appellant
Versus
The Board Of Trustees Of The
Port Of Bombay & Ors. .…Respondents
__________________________________________________________________
Mr. Sarthak Utangale i/by Utangale & Co. for the Applicant/Appellant.
Ms. Nina Motiwala a/w. Ms. Anjali Kotecha i/by Motiwala & Co. for
Respondent No.1.
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 09th MARCH 2026
P. C. :
1. This application is filed for condonation of delay of 35 days in filing
the appeal to challenge the order dated 27 th April, 2015 passed by the City
Civil Court, Mumbai, whereby original defendant no.3-SBI was jointly made
liable to pay Rs. 3,07,736/- along with 10% interest per annum from the
date of suit till the realization of the said amount.
2. For the reasons stated in the paragraph 3 of the application, the delay
in filing the appeal is condoned.
3. Civil application is disposed of.
4. Registry is directed to number the appeal finally.
[ JITENDRA JAIN, J. ]
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