Bombay High Court

M-S BAJAJ ELECTRICALS LTD THROUGH AUTHORISED REPRESENTATIVE MR. MANISH KANWARversusRADHA SWAMI ENTERPRISES THROUGH PROPRIETOR MR. MAHESH BAPU DHAMDHERE AND ANR.

Decided: 3 September 2026
Disposal: Disposed Off

Holding

The court held that the delay was sufficiently justified and therefore condoned, allowing the application.

Summary

The Registry mistakenly sent a communication to the Patana High Court, for which an apology was recorded and accepted by the court. The applicant, Sneha Nitin Chavan, filed an interim application seeking condonation of an eight‑day delay in filing a leave to appeal application. No respondent appeared or filed a reply to the application. The court examined the extent of the delay and the explanations provided, finding sufficient cause. Consequently, the court allowed the application and condoned the delay, permitting the leave to appeal to proceed.

Issues considered

Whether an eight‑day delay in filing a leave to appeal application can be condoned on the basis of the explanations provided.

Subjects

condonation of delay
leave to appeal
procedural law
criminal appellate jurisdiction
interim application

Judgment

                                                                       20-IA-2908-2024.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                               INTERIM APPLICATION NO. 2908 OF 2024
                                                IN
                    APPLICATION FOR LEAVE TO APPEAL (PVT.) (ST) NO. 7612 OF 2024
SNEHA
NITIN              M/s Bajaj Electricals Ltd Through Authorised             ...Applicant
CHAVAN             Representative Mr. Manish Kanwar
Digitally signed              Versus
by SNEHA
NITIN CHAVAN
Date: 2026.09.04
                   Radha Swami Enterprises Through Proprietor Mr.           ...Respondents
11:27:50 +0530
                   Mahesh Bapu Dhamdhere And Anr.

                                                   ****
                   Mr. Vinayak Katti a/w Ms. Rukhsar Ansari for the Applicant.
                   Ms. M.R. Tidke, APP for Respondent/State.
                                                   ****

                                                 CORAM :     M.M. SATHAYE, J.
                                                   DATE :    03 SEPTEMBER, 2026

                   P.C. :


                   1.             Pursuant to order dated 31.07.2026, the Registry has filed
                   written explanation dated 12.08.2026, explaining that by inadvertent
                   mistake, the communication was made with the office of Patana High
                   Court. Apology is expressed. The explanation is accepted.
                   2.             Heard learned Counsel for the Applicant. According to the
                   office note, Respondent No.1 is served.           Nobody is appearing for
                   Respondent No.1.          No reply is filed.   Application is filed seeking
                   condonation of delay of 8 days in filing leave application.
                   3.             Considering the extent of delay and averment made in the
                   application, sufficient cause is made out.
                   4.             Application is allowed. Delay is condoned.


                                                               (M.M. SATHAYE, J.)


                   Sneha Chavan                                                              1

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