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Bombay High Court

SHREE VITHAL RAKHUMAI CO OPERATIVE CREDIT SOCIETY LTDversusNUSRAT NAAZ IBRAHIM

Disposal
Disposed of

Holding

The Court condoned the 26‑day delay, ordered registration of the appeal, and imposed costs on the applicant.

Summary

The Shree Vithal Rakhumai Cooperative Credit Society Ltd. filed a criminal miscellaneous application seeking condonation of a 26‑day delay in filing its appeal against a conviction order dated 29‑08‑2025. The applicant argued that the delay was minor and explained the reasons for it, while the respondent contended there was no bona‑fide justification and opposed the condonation. The High Court examined the explanations provided and considered the length of the delay to be insignificant. The Court held that the delay could be condoned, ordered the registration of the appeal, and imposed costs of Rs.5,000 on the applicant to be paid to the respondent. The costs affidavit was to be filed before the next hearing, and the matter was listed for further hearing on 13‑08‑2026.

Issues considered

  • Whether a delay of 26 days in filing a criminal appeal can be condoned under procedural law
  • Whether the explanation provided for the delay is sufficient to justify condonation
  • Whether costs should be imposed on the applicant for causing the delay

Subjects

  • condonation of delay
  • criminal appeal
  • procedural law
  • costs
  • High Court

Judgment

2026:BHC-GOA:1254


          Suzana

                               IN THE HIGH COURT OF BOMBAY AT GOA

                         CRIMINAL MISCELLANEOUS APPLICATION NO.100 OF
                                            2026
                                             IN
                            CRIMINAL APPEAL NO.1231 OF 2025(FILING)

                    Shree Vithal Rakhumai Cooeprative
                    Credit Society Ltd.                                     … Applicant

                         Versus

                    Nusrat Naaz Ibrahim                                    … Respondent.

                                         WITH
                     CRIMINAL MISCELLANEOUS APPLICATION NO.1232 OF
                                     2025(FILING)
                                          IN
                         CRIMINAL APPEAL NO.1232 OF 2025 (FILING)

                    Shree Vithal Rakhumai Cooeprative
                    Credit Society Ltd. thr. its Manager                   … Applicant

                         Versus

                    Nusrat Naaz Ibrahim                                    … Respondent.


                    Mr Jatin Ramaiya, Advocate for the Applicant.
                    Mr Cannigia A. Carvalho, Advocate for Respondent.



                                  CORAM               : HITEN S. VENEGAVKAR, J.

                                  DATED               : 2nd JULY, 2026.


                    P.C.


                    1.      Registry to waive office objections and register the matter.

                                                    Page 1 of 3
                                                   2nd July, 2026
2.    The present Application is filed for condonation of delay in filing

the Criminal Appeal and leave to appeal challenging the Judgment of

Conviction and Order dated 29.08.2025 passed by the Learned

Additional Sessions Judge-3, Merces, Sitting at Ponda, Goa.



3.   Learned Advocate appearing for the Applicant submits that delay

of 26 days has been caused in filing of the criminal appeal and leave to

appeal in this Court. The delay is minor and has been sufficiently

explained by the Applicant in paragraphs 3 to 6 and 10. He therefore

prays that the delay of 26 days to be condoned and no prejudice would

be caused to the Respondent if the appeal and the application for leave

to appeal is registered.



4.    Learned Advocate appearing for the Respondent vehemently

opposes the application and states that the delay has not been

sufficiently explained. There is no bonafide reason and the entire

blame has been shifted on the Advocate from whom legal advice was

taken. As there is no sufficient explanation coming forth which can be

said that the delay can be condoned, he prays for dismissal of the

application.




5.    I have gone through the application and I have also heard both

the Advocates. Admittedly, the delay is only of 26 days, which, in my
                              Page 2 of 3
                             2nd July, 2026
                           view is a minor delay for which explanation has been provided by the

                           Advocate in the present application. Interest of justice can be served

                           by imposing costs of Rs.5000/- upon the Applicant to be paid to the

                           Respondent within a period of three weeks from today. The affidavit of

                           payment of costs be filed in this Court on or before the next date.



                           6.     The Registry is directed to register the application for leave to

                           appeal and list the same on 13.08.2026.




                                                                    HITEN S. VENEGAVKAR, J.




                                                          Page 3 of 3

Signed by: MARIA SUZANA REBELLO
                                                         2nd July, 2026
Designation: Personal Assistant
Date: 03/07/2026 09:51:45


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