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Bombay High Court

SANJIV JAGDISH CHANDWANIversusSURESH NARAINDAS HARISINGANI AND ORS.

Decided
Disposal
Disposed Off

Holding

The court held that the 85‑day delay was condoned as sufficient cause was shown.

Summary

The applicant sought condonation of an 85‑day delay in filing a leave to appeal application. It was acknowledged that Respondent No.2 had died, rendering the application against him abated. Respondents No.1 and Nos.3‑7 opposed the condonation, arguing that no explanation for the delay was provided. The court examined the extent of the delay and the explanations offered in the application. Finding that sufficient cause was demonstrated, the court condoned the delay, allowed the application, and disposed of the interim application.

Issues considered

  • Whether an 85‑day delay in filing a leave to appeal application can be condoned.
  • Whether the death of a respondent abates the pending application against that respondent.

Subjects

  • condonation of delay
  • leave to appeal
  • procedural law
  • abated application
  • death of party

Judgment

                                                                               22(1)-IA-3550-2024.doc




                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by                      CRIMINAL APPELLATE JURISDICTION
           HUSENBASHA
HUSENBASHA RAHAMAN
RAHAMAN    NADAF
NADAF      Date:
           2026.08.27              INTERIM APPLICATION NO. 3550 OF 2024
           19:51:16
           +0530                                    IN
                        APPLICATION FOR LEAVE TO APPEAL (PVT.) (ST) NO. 20228 OF 2023

                        Sanjiv Jagdish Chandwani                              ...Applicant
                               Versus
                        Suresh Naraindas Harisingani And Ors.                 ...Respondents

                                                          ***
                        Ms. Leepika B. R. i/b. Agastya Desai for Applicant.
                        Mr. Rushikesh S. Kekane for Respondent Nos.1 & 3 to 7.
                        Ms. Sharmila S. Kaushik, APP for Respondent-State.
                                                          ***

                                                               CORAM : M.M. SATHAYE, J.
                                                               DATE    : 27th AUGUST, 2026
                        P.C. :

                        1.       Heard learned counsel for the parties. This is an application for
                        condonation of delay of 85 days in filing leave application. It is admitted
                        position that Respondent No.2 has expired and therefore, the
                        application is abated against him.

                        2.       Learned counsel for Respondent No.1 & 3 to 7 opposes the
                        application contending that delay is not explained.

                        3.       Considering the extent of delay and averments in the application,
                        sufficient cause is made out. The application is allowed. Delay is
                        condoned. Interim application is disposed of in above terms.



                                                                         (M.M. SATHAYE, J.)




                        Husen                                   1


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