Bombay High Court

JAYASHREE RAJESH DRAKSHE AND ORS.versusHDFC ERGO GENERAL INSURANCE CO. LTD. PUNE AND ORS.

Disposal: Disposed Off

Holding

The court condoned the 353‑day delay subject to forfeiture of interest for the delayed period.

Summary

The applicants filed an interim application seeking condonation of a 353‑day delay in preferring an appeal for enhancement against HDFC Ergo General Insurance. The respondents opposed, arguing that the delay was inordinate and the application lacked justification. The court noted that the respondents had not contested the averments and that the applicants were willing to forfeit interest for the delayed period. Considering these factors, the court partially allowed the application, condoning the delay but ordering forfeiture of interest. The matter was disposed with directions to issue notice to the respondents for final disposal of the appeal.

Issues considered

Whether a delay of 353 days in filing an appeal can be condoned under the Civil Procedure Code
Whether interest for the delayed period may be forfeited as a condition of condonation

Subjects

condonation of delay
appeal
interest forfeiture
insurance
civil procedure

Judgment

                                                     49-IA-14002-2024 (c).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 14002 OF 2024
                                      IN
                      FIRST APPEAL (ST) NO. 22070 OF 2024

Jayashree Rajesh Drakshe And Ors.                                 ...Applicants
      Versus
HDFC Ergo General Insurance Co. Ltd. Pune And Ors.             ...Respondents

                               …...
Adv. Abhang Suryawanshi i/b Adv. Nagesh Y Chavan, Advocate for the
Applicants.
Adv. Aditya Ghadge h/f Adv. Sachin Phatak, for the Respondent No.1-
Insurance Company.
                                …..

                                     CORAM : SHAILESH P. BRAHME, J.

                                     DATE     : 21st SEPTEMBER, 2026.

P.C. :

               INTERIM APPLICATION NO. 14002 OF 2024

           Heard.

2.         By this application, the applicants seek to condone the delay of

353 days caused in preferring the appeal for enhancement.

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

paragraph Nos.6 and 7 of the application. It is submitted by the learned

counsel appearing for the applicants, on instructions from his clients,

the interest for the delayed period can be forfeited.

4.         The learned counsel appearing for the respondent – Insurance




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                                                       49-IA-14002-2024 (c).doc


Company, Mr. Ghadge, would contest the application. It is submitted

that the delay is inordinate and that the application lacks proper

justification.

5.          The averments in the application have not been controverted by

the respondents. There is no reason to infer any oblique motive on the

part of the applicants in preferring the appeal belatedly. The applicants

are ready to give up interest for the delayed period. It is desirable to

condone the said delay.

6.          The application is allowed partly and the delay stands condoned,

subject to forfeiture of the interest for the delayed period. Accordingly,

the application is disposed of.



                     FIRST APPEAL (ST) NO. 22070 OF 2024


7.          Issue notice to the respondents for final disposal, returnable on

02.11.2026.

8.          Mr. Ghadge, learned counsel, waives service of notice for

respondent No.1 – Insurance Company.

9.          Call for record and proceedings.

10.         Print is dispensed with.

11.         Parties shall be at liberty to file paper book or compilation of

relevant documents.

                                                [ SHAILESH P. BRAHME, J.]



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