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Bombay High Court

PRAMUKH DEVELOPMENT CORPORATIONversusLAXMI INDUSTRIAL ESTATE BUILDERS AND DEVELOPERS AND ORS.

Decided
Disposal
Dismissed

Holding

An appeal filed beyond the limitation period and without a condonation application is not maintainable and must be dismissed.

Summary

The appellant, Pramukh Development Corporation, filed a first appeal in 2017 which remained pending for 765 days. The trial court had, on 15 July 2022, directed the appellant to file an application for condonation of delay within two weeks, but the appellant failed to do so. In 2026, the appellant again sought time to file the condonation application, claiming they had only recently come on record. The High Court observed that the appeal was filed well beyond the limitation period and that no condonation application had been filed despite the court’s earlier direction. Consequently, the court dismissed the appeal for being time-barred and for the absence of any condonation. The dismissal was entered without any further order.

Issues considered

  • Whether an appeal filed after the prescribed limitation period can be entertained without a condonation of delay.
  • Whether the appellant’s failure to file an application for condonation of delay, despite a court direction, warrants dismissal of the appeal.

Subjects

  • Limitation period
  • Condonation of delay
  • Civil appeal
  • Procedural default
  • High Court

Judgment

              HMK                                1                      19. FA-778-2018.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SAYYED   Digitally signed
                                    CIVIL APPELLATE JURISDICTION
SAEED    by SAYYED
         SAEED ALI
ALI      AHMED ALI
         Date:
AHMED    2026.02.18                FIRST APPEAL NO. 778 OF 2018
ALI      11:18:12 +0530


         Pramukh Development Corporation                      ….Appellant

                     Versus

         Laxmi Industrial Estate Builders And
         Developers & Ors.                          .…Respondents
         __________________________________________________________________

         Mr. Sairaj Pable a/w. Mr. Amitesh Singh for the Appellant.
         Mr. Pradeep M. Patil for Respondent No.2-MCGM.
         __________________________________________________________________

                                             CORAM : JITENDRA JAIN, J.
                                             DATED : 17th FEBRUARY 2026


         P. C. :

         1.        on 15th July, 2022, it is recorded that application for condonation of
         delay is ready and same will be filed. It was further directed that the appeal
         along with application for condonation of delay to be placed after two
         weeks. This means that the Court had granted two weeks time to the
         appellant to file the application for condonation of delay.

         2.        Today in 2026, time is again sought by the appellant to file an
         application for condonation of delay and further that they have come on
         record recently.

         3.        The Appeal is delayed by 765 days and same was filed in the year
         2017. From 2017 till 2026, inspite of there being an order, the application
         for condonation of delay has not been filed till today.
     HMK                             2                    19. FA-778-2018.doc


4.     In view of above, First Appeal is dismissed for having filed beyond
the limitation period and without there being any application for
condonation of delay.

5.     Appeal is dismissed in above terms.




                                                [ JITENDRA JAIN, J. ]


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