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Bombay High Court

Uday Ghanshyam NaikversusChandan Shanti Group of Companies

Decided
Disposal
Disposed Off

Holding

The court held that the 22‑day delay in filing the second appeal may be condoned as the justification pleaded was satisfactory.

Summary

The applicant, Uday Ghanshyam Naik, filed an interim application seeking condonation of a 22‑day delay in filing a second appeal under Civil Appellate Jurisdiction. The respondent, Chandan Shanti Group of Companies, opposed the application. The court examined the length of the delay and the justification pleaded by the applicant. Finding the justification satisfactory and the delay not excessive, the judge decided to condone the delay. Consequently, the interim application was allowed and the matter was disposed.

Issues considered

  • Whether a delay of 22 days in filing a second appeal can be condoned under the procedural law
  • Whether the justification pleaded by the applicant is sufficient to merit condonation of delay

Subjects

  • condonation of delay
  • second appeal
  • civil procedure
  • interim application

Judgment

                      Neeta Sawant                                            3-IA-12165-2025.docx

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO. 12165 OF 2025
                                            (FOR CONDONATION OF DELAY)
                                                         IN
                                         SECOND APPEAL (ST.) NO. 30769 OF 2025


                      Uday Ghanshyam Naik                                  …..Applicant
                           : Versus :
                      Chandan Shanti Group of Companies                    ….Respondent
                      __________________________________________________________________

                      Mr. Vineet B. Naik, Senior Advocate a/w. Mr. R.D. Suryawanshi i/b. Mr. Suraj
                      N. Naik, for the Applicant.

                      Mr. Ashutosh R. Gole with Mr. Siddharth Wakankar for Respondent No.1-
                      Plaintiff.

                      __________________________________________________________________


                                                                   CORAM : SANDEEP V. MARNE, J.

                                                                   DATED :     25 AUGUST 2026.
                      P.C. :
                      1)              The Interim Application is filed for condonation of delay of 22
                      days in filing the Second Appeal. The Application is opposed by Mr. Gole,
                      the learned counsel appearing for the Respondent-Plaintiff.
                      2)              Considering the length of delay and the justification pleaded, I
                      deem it appropriate to condone the delay in filing the Appeal. The Interim
                      Application is accordingly allowed by condoning the delay in filing the
         Digitally
         signed by
         NEETA
                      Appeal. The Interim Application is disposed of.
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT   Date:
         2026.08.28
         16:24:15
         +0530                                                               SANDEEP V. MARNE, J.

                      ___________________________________________________________________________
                                           __________PAGE NO. 1 of 1_________
                                                 Tuesday, 25 August 2026


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