Created by Fuzzy Cloud

Bombay High Court

ALLAHABAD BANKversusMR. ABHAY NARENDRA LODHA

Decided
Disposal
Allowed

Holding

The court condoned the 31‑day delay and allowed the appeal to proceed.

Summary

Allahabad Bank filed an appeal against an order but missed the 30‑day filing deadline by 31 days. The bank sought condonation of the delay through an interim application, while the respondent opposed, relying on a prior decision of the court. The judge examined the reasons for delay and considered the time limits under the Commercial Courts Act, which allows a period of 90 days plus a 30‑day extension. Finding the delay to be within the permissible period, the court held that the respondent's objection could not be sustained. Consequently, the interim application was allowed and the 31‑day delay was condoned, permitting the appeal to proceed.

Issues considered

  • Whether a delay of 31 days in filing an appeal can be condoned under the applicable procedural law.
  • Whether the time limits prescribed by the Commercial Courts Act apply to the present appeal.

Legislation cited

Subjects

  • condonation of delay
  • appeal filing deadline
  • Commercial Courts Act
  • civil procedure
  • high court

Judgment

                                                                         19-IA-316-19.DOCX


                                                                                       rsk
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.316 OF 2019
                                                    IN
                                 APPEAL FROM ORDER (ST) NO.25414 OF 2019

                        Allahabad Bank                              Applicant-
                                                                  … Appellant
                        Versus
                        Mr. Abhay Narendra Lodha                  … Respondent


                        Mr. Harsh Sheth i/b. MDP & Partners, for Appellant.
                        Ms.Pranjali Khemnar i/b Ms. Priyanka Dubey, for Respondent.


                                              CORAM : Jitendra Jain, J.
                                               DATED : 08 January 2026
                        P.C.:-


                        1.        Amendment to be carried out forthwith in all the

                        copies.

                        2.        This   application       is    taken    out    by   the

                        applicant/appellant seeking condonation of delay of 31 days

                        in filing the present appeal.
           Digitally
           signed by
           RAJESHWARI
RAJESHWARI SUBODH
SUBODH     KARVE
KARVE      Date:
           2026.01.08
           15:59:26
           +0530
                        3.        Learned counsel for the respondent opposes the said

                        application and relies upon decision of this Court in the case

                        of Bank of India Vs. Magnifico Minerals Private Limited &




                                                        Page 1
                                                       19-IA-316-19.DOCX


Anr.1

4.         I have perused the application and being satisfied

with the reasons stated therein, the delay of 31 days is

condoned. The original appeal was required to be filed within

30 days. There is delay of 31 days in filing the appeal.

Therefore, the appeal is filed after 61 days. Even if the

Commercial Courts Act is made applicable, assuming , still

the said Act provides ninety plus thirty days , the present

case falls within the said period. Therefore, the contention

raised by the respondent cannot be accepted.

5.         Interim Application is allowed. Delay in filing the

appeal is condoned.




                                                     (Jitendra Jain, J.)




1
        Interim Application No.30326/2022 in Commercial Appeal from Order (L)
        No.27216/2022 dated 19 December 2022.
                                     Page 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.