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Bombay High Court

SD SVP NAGAR REDEVELOPMENT PVT.LTD.versusMAHENDRA LIHALA

Decided
Disposal
Disposed Off

Holding

The Court condoned the delay in filing the second appeal, subject to payment of costs.

Summary

The applicant, SD SVP Nagar Redevelopment Pvt Ltd, sought condonation of a 31‑day delay in filing a second appeal against an order of the Maharashtra Real Estate Appellate Tribunal that stayed a prior order of the Real Estate Regulatory Authority. The applicant argued that the delay was due to the late receipt of the reasoned order and internal restructuring, while the respondent contended the delay was negligent and not bonafide, relying on Supreme Court precedent. The Court examined whether the reasons for delay were sufficient and emphasized the principle that procedural technicalities should not defeat substantive justice. Finding no evidence of deliberate inaction or malafide intent, the Court held that the delay was not inordinate and could be condoned. Consequently, the application was allowed, with the applicant ordered to pay Rs. 15,000 costs to the respondent and the appeal to be registered for admission.

Issues considered

  • Whether the 31‑day delay in filing the second appeal can be condoned under civil procedure principles.

Subjects

  • condonation of delay
  • civil procedure
  • appellate jurisdiction
  • costs
  • substantive justice
  • Maharashtra Real Estate Appellate Tribunal
  • stay order

Judgment

                                                                                   17-IA-5245-2026.DOC




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                     INTERIM APPLICATION NO. 5245 OF 2026
                                                           IN
                                     SECOND APPEAL (ST) NO. 7600 OF 2026


                      SD SVP Nagar Redevelopment Pvt Ltd                               ..Applicant
                           Versus
                      Mahendra Lihala                                              …Respondent

                      Mr. Amanjhot Anand, with Abir P (through VC), Kartik Joshi, i/b
                            Wadia Ghandy & Co, for the Applicant.
                      Ms. Ritika Agarwal, with Yaminee Verma, with Yash Chandra Prakash,
                            i/b M/s ACF Legal, for the Respondent.

                                                      CORAM:          N. J. JAMADAR, J.
                                                      DATE :          22nd JULY 2026


                      ORAL ORDER:

                      1.    Heard the learned Counsel for the parties.

                      2.    This application is preferred to condone the delay of 31 days in
ARUN
RAMCHANDRA
SANKPAL               filing the Second Appeal against an order dated 21st August, 2025
Digitally signed by
ARUN RAMCHANDRA
SANKPAL
Date: 2026.07.24
18:21:41 +0530
                      passed by the Maharashtra Real Estate Appellate Tribunal in

                      Miscellaneous Application No. 628/2025 and the connected matters.

                      3.    By the said order, the Appellate Tribunal has stayed the

                      execution, operation and effect of the order dated 18th February, 2025

                      passed by the Maharashtra Real Estate Regulatory Authority, till the

                      final disposal of the appeal.
                      ARS                                       1/4
                                                          17-IA-5245-2026.DOC

4.    In the application it is averred that, the delay occurred as on 21st

August, 2025 only the operative order was pronounced and on 16th

September, 2025 the applicant’s legal representative came across the

reasoned order passed by the Tribunal. On that premise, the period of

limitation is reckoned from 16th September, 2025.

5.    It is further averred that, time was consumed in consultation and

on account of re-structuring of the applicant’s group, which was

underway since the year 2021, and Ms. Shraddha Birari was the only

officer posted in the legal team of the applicant post the restructuring.

6.     The learned Counsel for the respondent resisted the prayer for

condonation of delay. It was submitted that, the reasons ascribed in the

application are not bonafide. It was a case of intentional delay

bordering on negligence on the part of applicant. Reliance was placed

on a judgment of the Supreme Court in the case of Basawaraj & anr. Vs.

The Special Land Acquisition Officer,1 wherein it was enunciated that, in

case a party is found to be negligent, or lacks in bonafide or found to

have not acted diligently or remained inactive, there cannot be a

justified ground to condone the delay. No court could be justified in

condoning an inordinate delay by imposing any condition whatsoever.

7.     In the case at hand, even if the period of delay is computed from

22nd August 2025; the next day of the impugned order, the delay

cannot be said to be inordinate.
1     2013 (14) SCC 81.
ARS                                   2/4
                                                           17-IA-5245-2026.DOC

8.    It is true, it is not the length of the delay but the sufficiency of the

cause ascribed for the delay that is of decisive significance. In the case

at hand, in Paragraph No. 10 to 12 of the application the applicant has

sought to ascribe reasons for the delay.

9.    It is trite, an application for condonation of delay ought to receive

a liberal consideration so as to advance the cause of substantive justice.

This overarching principle stems from the proposition that, the

procedure which is a handmaid of justice shall not be allowed to score a

march over substantive justice; which, in turn, is promoted by the

determination of the matter on merits rather than on technicalities.

10.   On the aforesaid touchstone, the reasons ascribed by the

applicant for the delay cannot be said to be unsustainable. The material

on record does not indicate that, there was deliberate inaction or

negligence on the part of the applicant. Nor the application is afflicted

with malafide. Thus, to advance the cause of substantive justice, this

Court is inclined to condone the delay in preferring the Appeal.

11.   The delay and inconvenience caused to the respondent can be

taken care of by imposing costs.

12.    The application thus stands allowed.

13.   The delay in preferring the Appeal stands condoned, subject to

payment of the costs of Rs. 15,000/- by the applicant to the

respondents, within a period of two weeks from today.


ARS                                    3/4
                                                       17-IA-5245-2026.DOC

14.   Upon payment of costs, the Second Appeal be registered and

listed before the Court for admission on 12th August 2026.

15.   To be listed alongwith Second Appeal (Stamp) No. 7604 of 2026,

Second Appeal (Stamp) No. 7613 of 2026 and Second Appeal (Stamp)

No. 5662 of 2026.



                                           [N. J. JAMADAR, J.]




ARS                                  4/4


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