Bombay High Court

SAMBHAJI KAKA ZAMBRE AND ANR.versusSUPERINTENDENT ENGINEER, MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY AND ORS.

Disposal: Allowed

Holding

The Court allowed the application, condoning the delay in filing the appeal.

Summary

The applicants, Sambhaji Kaka Zambre and another, filed an interim application seeking condonation of an 87‑day delay in filing an appeal against a Tribunal judgment and award. The respondents contested the application, arguing that the reasons for delay were vague and lacked proper explanation. The Court examined the submissions and found no evidence of mala fides on the part of the applicants. Consequently, the Court held that the reasons provided were sufficient to justify condonation. The application was allowed, permitting the appeal to be filed despite the delay.

Issues considered

Whether the 87‑day delay in preferring the appeal can be condoned under the principles of civil procedure

Subjects

condonation of delay
appeal filing
interim application
civil procedure
High Court

Judgment

                                                     19-IA-1959-2024 (C).doc




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

                       CIVIL APPELLATE JURISDICTION

                  INTERIM APPLICATION NO. 1959 OF 2024
                                   IN
                   FIRST APPEAL (ST) NO. 29343 OF 2022

Sambhaji Kaka Zambre And Anr.                                     ...Applicants
       Versus
Superintendent Engineer, Maharashtra State
Electricity Distribution Company And Ors.                      ...Respondents

                                   …..
Adv. Ankita Chindage a/w Adv. Abhang Suryawanshi i/b Adv. Nagesh Y.
Chavan, Advocate for Applicants.
Adv. Sakshi Patil i/b Adv. Sandeep Koregave and Adv. Supriya Koregave,
Advocate for Respondent Nos 1 and 2.
Adv. Pratik Patil i/b Kuldeep Nikam, for Respondent No.3.
                                   …..


                                     CORAM : SHAILESH P. BRAHME, J.

                                     DATE     : 4th SEPTEMBER, 2026.

P.C. :

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

87 days in preferring the appeal challenging the Judgment and Award

passed by the Tribunal. The reasons stated in the application, the delay

is sought to be condoned.

2.         The application is contested by the respondents. It is submitted

that grounds stated in the application are vague and there is no proper

explanation for delay.



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                                                        19-IA-1959-2024 (C).doc


3.         There is no reason to discard the reasons stated in the

application. I do not find any mala fides on the part of the applicants in

preferring the appeal belatedly.

4.         The application is allowed in terms of prayer Clause ‘a’.


                                                 [ SHAILESH P. BRAHME, J.]




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