Bombay High Court
BANK OF BARODA FORMERLY KNOWN AS VIJAYA BANK MR.SATYA KRISHNA GAMPAversusPRAFUIIA SUJANAKAR SHETTY
- Decided
- Disposal
- Allowed
Holding
The court condoned the delay in preferring the second appeal.
Summary
The appellant, Bank of Baroda (formerly Vijaya Bank), filed a second appeal against a decree dated 30 October 2025 but failed to annex the certified copy of the impugned order and did not give an undertaking to file it later, resulting in a delay. The appellant sought condonation of this delay, arguing that the appeal was initially filed on 22 January 2026. The court, considering the reasons provided and the interest of substantive justice, allowed the condonation of the delay and ordered the appeal to be listed for admission. The respondent was granted leave to file an affidavit-in-reply to a separate interim application seeking a stay of execution of the trial court decree, and was permitted to file a rejoinder affidavit within a week. The matter was scheduled for hearing on 14 October 2026.
Issues considered
- Whether the delay in filing the second appeal can be condoned under the principles of substantive justice
Subjects
- condonation of delay
- second appeal
- civil procedure
- stay of execution
- affidavit-in-reply
Judgment
14-SAST11286-2026+.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL (ST) NO. 11286 OF 2026
WITH
INTERIM APPLICATION NO. 7395 OF 2026 (Delay)
with
INTERIM APPLICATION NO. 7394 OF 2026 (Stay)
Bank Of Baroda Formerly Known As Vijaya
Bank Branch Manager Mr.satya Krishna ...Appellant/
Gampa Applicant
Versus
Prafulla Sujanakar Shetty …Respondent
SANTOSH Mr. Ranbir Singh, a/w Eshen Patel, and Kaustav Deo, i/b , for
SUBHASH the Appellant-Applicant.
KULKARNI
Digitally signed by
SANTOSH SUBHASH
Ms. Rita Joshi, through VC, a/w Bushra Moughal, for the
KULKARNI
Date: 2026.10.02
Respondent.
11:28:10 +0530
CORAM: N. J. JAMADAR, J.
DATED: 30th SEPTEMBER, 2026
PC:-
IA/7395/2026 (Delay)
1. Heard the learned Counsel for the applicant.
2. This is an application for condonation of delay in filing
second appeal against a judgment and decree dated 30 th
October, 2025 passed by the learned Principal District Judge,
Thane, in Civil MA/255/2025.
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14-SAST11286-2026+.DOC
3. The learned Counsel for the appellant submits that, the
delay occurred as though the appeal was initially filed on 22 nd
January, 2026 yet the certified copy of the impugned order
passed by the First Appellate Court was not annexed to the
appeal-memo nor an undertaking was given to file the certified
copy at a later stage.
4. In view of the aforesaid submission and the reasons
assigned in the application and to advance the cause of
substantive justice, the delay in preferring the appeal deserves
to be condoned.
5. The application stands allowed.
6. The delay in preferring the second appeal stands
condoned.
7. Second Appeal be listed for admission.
IA/7394/2026 and SA(ST)/11286/2026
8. The learned Counsel for the respondent seeks leave to
tender an affidavit-in-reply to the interim application filed by the
appellant seeking stay to the execution of the decree passed by
the trial Court in Special Civil Suit No.151/1993.
9. Leave granted.
10. Affidavit-in-reply is taken on record.
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14-SAST11286-2026+.DOC
11. The appellant is at liberty to file an affidavit-in-rejoinder to
the affidavit-in-reply within a period of one week.
12. The appeal and IA/7394/2026 be listed for hearing on 14 th
October, 2026.
[N. J. JAMADAR, J.]
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