Bombay High Court
M/S. RUBY BUILDERSversusSHRI. RAVI UDAYRAJ PANDEY AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court condoned the 265‑day delay in filing the revision application.
Summary
M/s. Ruby Builders filed Civil Revision Application (Stamp) No. 17700 of 2024 but delayed its filing by 265 days. The delay was attributed to the applicant's advocate, who failed to inform the client of the dismissal order dated 5 July 2023 and did not provide the certified copy of the order until April 2024. The High Court examined whether such a delay could be condoned, referring to the Supreme Court’s decision in Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy. Considering that the substantial rights of the parties would not be defeated, the Court exercised its discretion to condone the delay. The interim application for condonation was disposed, and the matter was listed for a merits hearing on 7 September 2026.
Issues considered
- Whether a delay of 265 days in filing a civil revision application can be condoned under procedural law
- Whether the failure of the advocate to inform the client defeats the applicant's right to seek condonation
Subjects
- condonation of delay
- civil revision
- procedural law
- advocate negligence
- Supreme Court precedent
Judgment
Gitalaxmi 18-IA-12752-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 12752 OF 2024
IN
CIVIL REVISION APPLICATION (STAMP) NO. 17700 OF 2024
M/S. RUBY BUILDERS ...APPLICANT
IN THE MATTER BETWEEN :
M/S. RUBY BUILDERS ...APPLICANT
Versus
SHRI. RAVI UDAYRAJ PANDEY AND ANOTHER ...RESPONDENTS
Mr. Pradeep Thorat i/b Ms. Aditi Naikare, Advocate for the
Applicant.
Mr. Sushil S. Upadhyay i/b Mr. Ashok Saraogi, Advocate for
Respondent No. 2.
CORAM : ARUN R. PEDNEKER, J.
DATE : 31st AUGUST, 2026.
Per Court :
1. Heard learned counsel appearing for the parties.
2. Perused the application for condonation of delay in filing
Civil Revision Application (Stamp) No. 17700 of 2024, as the said
Revision Application is filed with the delay of 265 days. The
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31st AUGUST, 2026
Gitalaxmi 18-IA-12752-2024.docx
application states that the Applicant was not informed within time by
the learned Advocate, as regards dismissal of the Revision
Application. Revision Application was dismissed by order on 5 th July,
2023; learned Advocate had applied for certified copy of the order on
11th July, 2023 and the same was received on 21st February, 2024.
The certified copy was ready on the same day, however, was not
collected immediately and learned Advocate neither informed about
the dismissal of the Revision Application and nor he provided the
certified copy of order till April, 2024.
3. Considering that the substantial rights of the parties would
be defeated, this Court by considering the judgment of Hon’ble
Supreme Court in the case of Esha Bhattacharjee v/s. Managing
Committee of Raghunathpur Nafar Academy1, condone the delay.
4. Interim Application No. 12752 of 2024 stands disposed of
accordingly.
5. List this matter on 7th September, 2026 for consideration on
merits.
[ ARUN R. PEDNEKER, J. ]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.09.02
19:26:43 +0530
1
(2013)12 Supreme Court Cases 649.
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31st AUGUST, 2026
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