Bombay High Court

ICICI LOMBARD GENERAL INSURANCE CO. LTD.versusABDUL MAJID ABDUL HANIF SHAIKH AND ORS

Decided: 19 August 2026
Disposal: Disposed Off

Holding

The interim application for condonation of delay was dismissed as the appeal was filed within the limitation period.

Summary

The appellant filed First Appeal (ST) No. 23614 of 2026 within the prescribed limitation period. An interim application seeking condonation of delay was mistakenly filed by the appellant's counsel, Adv. Akshay Anumandala, appearing through Adv. Pandit Kasar. The court examined the office remark confirming that the appeal was timely filed, rendering the condonation application unnecessary. The appellant clarified that the application was filed inadvertently and was not being pressed. Consequently, the court held that the interim application did not survive. The application for condonation of delay was therefore disposed of without any order on the merits of the appeal.

Issues considered

Whether the interim application for condonation of delay should be entertained when the appeal is filed within the limitation period

Subjects

condonation of delay
limitation period
interim application
civil procedure

Judgment

                             FARAD CONTINUATION SHEET NO.
                       THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO. 6432 OF 2026
                                         IN
                         FIRST APPEAL (ST) NO. 23614 OF 2026

Office Notes, Office Memoranda of Coram               Court’s or Judge’s order
appearance, Court’s Orders or directions and
          Registrar’s Orders

             CORAM : DR. M.S. DESHPANDE
                     REGISTRAR (JUDL. II)

             DATE      : 19/08/2026

Adv. Akshay Anumandala i/by Adv. Pandit Kasar
present for applicant.


       As per the office remark, this First Appeal
(ST) No. 23614 of 2026 is filed within limitation
and therefore, there is no need to file application
for condonation of delay. The learned advocate
for appellant submits that he has inadvertently
filed this interim application for condonation of
delay and he submits that he is not pressing this
interim application.
        In view of above, this interim application
filed for condonation of delay does not survive
and accordingly disposed of.

                                      sd/-
umk                            REGISTRAR (JUDL-II)

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