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
Checking your session…