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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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