Bombay High Court
DIVYAKANTH CHIMANLAL SHAHversusMANILAL FULABHAI BAROT (DECEASED) TUSHAR M. BAROT(SON) AND OTHERS
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delay, allowed the interim application, imposed costs, and ordered service of respondents within four weeks.
Summary
The applicant, Divyakant Chimanlal Shah, filed an interim application (No. 9502 of 2025) in a civil revision proceeding (No. 5258 of 2023) before the Bombay High Court. The court was asked to condone the delay in filing the interim application and to direct service of the unserved respondents within a specified time. The court allowed the interim application, ordering the applicant to pay Rs. 5,000 towards the Bar Council of Maharashtra and Goa Advocates Aid Fund. It also condoned the delay in filing the application. Further, the court directed that the applicant serve the unserved respondents within four weeks and that the civil revision application be listed for hearing on 18 September 2026.
Issues considered
- Whether the delay in filing the interim application should be condoned
- Whether costs should be awarded to the Bar Council's Advocates Aid Fund
- Whether the court can direct service of unserved respondents within a specific period
Subjects
- interim application
- condonation of delay
- costs
- service of notice
- civil revision
- procedural law
Judgment
Sonali Mane 48-IA-9502-2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 9502 OF 2025
IN
CIVIL REVISION APPLICATION (L) NO. 5258 OF 2023
Divyakant Chimanlal Shah … Applicant
Versus
Manilal Fulabhai Barot (Decd.) Thr.
Lrs.Tushar M. Barot (Son) And Ors. … Respondents
Adv. Pariket Shah i/b Adv. Sneha Vani for Applicant.
Noen for Respondents.
CORAM : ARUN R. PEDNEKER, J.
DATE : 21 AUGUST, 2026
P.C. :
1. For the reasons stated in the Interim Application No. 9502 of
2025, the same is allowed, subject to the payment of costs of Rs.
5,000/- to be paid to the Bar Council of Maharashtra and Goa
Advocates Aid Fund.
2. The delay in filing the application is also condoned. On
restoration, the Applicant to serve the unserved Respondents within a
Digitally
signed by
MANE
period of four weeks.
MANE SONALI
SONALI DILIP
DILIP Date:
2026.08.25
11:41:28
+0530
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Sonali Mane 48-IA-9502-2025.docx
3. List the Civil Revision Application on 18 September, 2026.
[ARUN R. PEDNEKER, J.]
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