Bombay High Court

SHRI SATERIDEVI MATSYA VYAWASAYA VIVIDHA KARYAKARI SANSTHA LTD.versusRAMA M BHAGAT AND ANR

Decided: 20 August 2026
Disposal: Disposed Off

Holding

The court held that the 88‑day delay in filing the leave application was sufficiently explained and was therefore condoned.

Summary

The applicant, the original complainant, filed an interim application seeking condonation of an 88‑day delay in filing a leave to appeal application after a dismissal order dated 09‑Nov‑2022. The applicant explained that the certified copy of the Roznama was only received on 24‑Feb‑2023, causing the delay. The respondent submitted an affidavit arguing that the reason was insufficient to justify condonation. After hearing both sides, the court examined the length of the delay and the applicant’s explanations, finding a sufficient cause. Consequently, the court allowed the application and condoned the delay, directing the matter to be listed for further proceedings on 10‑Sep‑2026.

Issues considered

Whether the 88‑day delay in filing the leave application can be condoned?

Subjects

condonation of delay
leave to appeal
criminal appellate jurisdiction
procedural law

Judgment

                                                                           20-IA-2451-2023.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO. 2451 OF 2023
                                                   IN
                        APPLICATION FOR LEAVE TO APPEAL (PVT) (ST) NO. 7872 OF 2023
NAVNATH               Shri Sateridevi Matsya Vyawasaya Vividha                  ...Applicant
SITARAM
WAGHMARE              Karyakari Sanstha Ltd.
Digitally signed by
                               Versus
NAVNATH
SITARAM               Rama M Bhagat And Anr.                                    ...Respondents
WAGHMARE
Date: 2026.08.20                                       ****
18:42:17 +0530
                      Mr. Shantanu V. Kadam i/b Gaurav Parkar for the Applicant.
                      Mr. G. Praveen Babu a/w Mr. G. Saikrishna Suvilash for the Respondent
                      No.1
                      Ms. Sharmila S. Kaushik, APP for the Respondent/State.
                                                       ****
                                                CORAM : M.M. SATHAYE, J.
                                                    DATE : 20th AUGUST, 2026
                      P.C. :

                      1.          Heard learned counsel for the Parties.
                      2.          This is an application filed by the Applicant-(Original
                      Complainant) seeking condonation of 88 days delay in filing leave
                      application.
                      3.          The learned counsel for the Applicant submitted that the
                      impugned order of dismissal of complaint was passed on 09.11.2022
                      and certified copies were immediately applied on the same day. He
                      submitted that the delay is primarily caused because the certified copy
                      of the Roznama was received on 24.02.2023 after which the present
                      application is filed.
                      4.          Learned counsel for the Respondent No.1 has tendered the
                      affidavit-in-rely in the Court with its copy served on the other side.
                      Relying on the said affidavit, he contends that delay is not properly
                      explained. He submitted that the reason of not getting Roznama is not


                      Navnath Waghmare                                                           1
                                               20-IA-2451-2023.doc



sufficient to condone the delay.
5.          Having heard learned counsel for the parties and after
considering the extent of delay and the averments in the application,
sufficient cause is made out. The application is accordingly allowed.
Delay is condoned.
6.          List ALP(Stamp)/ 7872/2023, on 10.09.2026.




                                         (M.M. SATHAYE, J.)




Navnath Waghmare                                                     2

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