Bombay High Court

HANMANT UTTAM NALAWADEversusVIJAY VYANKATRAO GHADGE AND ANR.

Disposal: Allowed

Holding

The delay of 136 days is condoned, subject to the condition that the applicant shall not be entitled to interest for the delayed period.

Summary

The applicant, Hanmant Uttam Nalawade, filed a first appeal 136 days after the prescribed period and applied for condonation of the delay. The respondents opposed the application, but did not file any reply to the applicant's averments. The applicant's counsel indicated willingness to forgo any interest accrued during the delayed period and asserted no ulterior motive for the belated filing. The court examined the absence of objection and the applicant's readiness to surrender interest, finding no reason to deny condonation. Consequently, the court allowed the interim application, condoning the delay, but conditioned that the applicant shall not be entitled to interest if the appeal succeeds.

Issues considered

Whether the delay of 136 days in filing the first appeal can be condoned.
Whether the applicant is entitled to interest for the period of delay if the appeal succeeds.

Subjects

condonation of delay
interest
civil appellate jurisdiction
interim application

Judgment

                                                     21-IA-406-2026 (C).doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR

                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 406 OF 2026
                                     IN
                     FIRST APPEAL (ST) NO. 1843 OF 2026

Hanmant Uttam Nalawade                                             ...Applicant
       Versus
Vijay Vyankatrao Ghadge And Anr.                               ...Respondents

                                  …..
Adv. Amar P. Dhumal i/b Adv. Dilip Bodake, Advocate for Applicant.
Adv. Viren S. Ghatge i/b Adv. Rushikesh C. Barge, Advocate for
Respondent No.1.
Adv. Rajendra Kulkarni (through V.C.), for Respondent No.2.
                                  …..


                                     CORAM : SHAILESH P. BRAHME, J.

                                     DATE     : 4th SEPTEMBER, 2026.

P.C. :

           Heard.

2.         By this application, the applicant seeks to condone the delay of

136 days caused in filing the first appeal belatedly.

3.         The respondents have contested the application.

4.         The averments in the application have not been controverted by

filing any reply. The learned counsel for the applicant submits that his

client is ready to give up the interest for the delayed period. I do not

find any oblique motive on the part of the applicant in preferring the



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                                                 21-IA-406-2026 (C).doc


appeal belatedly. The application is allowed and the delay stands

condoned, subject to the condition that the applicant shall not be

entitled to interest for the delayed period, in case he succeeds in his

appeal.

                                           [ SHAILESH P. BRAHME, J.]




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