Bombay High Court

RESHMA FAJAL SHAIKH AND ORS.versusVIJAY NANDLAL ZANVAR AND ORS.

Disposal: Allowed

Holding

The delay in preferring the first appeal is condoned, subject to the condition that the applicants shall not be entitled to interest for the delayed period.

Summary

The applicants filed a first appeal belatedly and moved an interim application seeking condonation of the delay. Respondent No.2 (an insurance company) did not appear, while Respondent No.1 filed a reply contesting the application. The court examined the reasons for the delay and found no oblique motive, noting the applicants' willingness to forgo interest for the delayed period. Consequently, the court allowed the application, condoning the delay but conditioning that the applicants shall not be entitled to interest if they succeed in the appeal. The interim application was disposed of, and the first appeal was admitted for further proceedings.

Issues considered

Whether the delay in preferring the first appeal can be condoned?

Subjects

condonation of delay
first appeal
interest
civil procedure
interim application

Judgment

                                                     20-IA-10167-2025 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 10167 OF 2025
                                    IN
                    FIRST APPEAL (ST) NO. 24167 OF 2025

Reshma Fajal Shaikh And Ors.                                      ...Applicants
      Versus
Vijay Nandlal Zanvar And Ors.                                  ...Respondents

                                     …..
Adv. Aditya Ghadge           h/f   Adv. Avesh      Ghadge,     Advocate         for
Applicants/Appellants.
                                     …..


                                     CORAM : SHAILESH P. BRAHME, J.

                                     DATE     : 4th SEPTEMBER, 2026.

P.C. :

           Heard Mr. Ghadge, learned counsel appearing for the applicants.

None appears for the respondents.

2.         The respondent No.2 - Insurance company is duly served, but has

not caused appearance. The respondent No.1 has filed reply contesting

the application.

3.         By this application, the applicants seek to condone the delay

caused in preferring the first appeal belatedly.

4.         The delay is sought to be condoned for the reasons stated in

paragraph Nos.7 to 10. There is no reason to discard the contents of the



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                                                     20-IA-10167-2025 (C).doc


application. I do not find any oblique motive on the part of the

applicants to prefer the first appeal belatedly. It is submitted by the

learned counsel for the applicants that their clients are ready to give up

interest for the delayed period.

5.         The application is allowed and the delay stands condoned subject

to the condition that the applicants shall not be entitled to the interest

for delayed period, in case they succeed in their appeal. Accordingly, the

application is disposed of.



                    FIRST APPEAL (ST) NO. 24167 OF 2025


6.         Admit.

7.         Call for record and proceedings.

8.         Print is dispensed with.

9.         Parties shall be at liberty to file compilation of documents or

private paper book.

                                               [ SHAILESH P. BRAHME, J.]




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