Bombay High Court

ICICI LOMBARD GENERAL INSURANCE CO. LTD. THR LEGAL OFFICER NANDITHA PILLAIversusAUDREY DINIZ AND 2 ORS

Disposal: Allowed

Holding

The court condoned the 53‑day delay and allowed the application.

Summary

ICICI Lombard General Insurance Co. Ltd., through its legal officer, filed a miscellaneous civil application seeking condonation of a 53‑day delay in filing an appeal. The applicant explained that after obtaining the certified copy of the impugned order on 8 January 2026, the resignation of the officer handling the file caused a delay in forwarding it for legal approval, which was only obtained on 10 April 2026. Subsequent procedural steps required sending the file to the Regional Office at Hubli and then to the Head Office in Bengaluru before sanction to file the appeal could be secured. The respondent opposed the application, but the court found the explanation, though somewhat sketchy, sufficient to justify condonation. Consequently, the court allowed the application, condoned the 53‑day delay, and disposed of the matter.

Issues considered

Whether a delay of 53 days in filing an appeal can be condoned under the procedural rules.

Subjects

delay condonation
civil procedure
appeal filing
procedural law
miscellaneous civil application

Judgment

2026:BHC-GOA:1844
                                            32 MCA 412 2026

                Sonam

                        IN THE HIGH COURT OF BOMBAY AT GOA
                          MISC.CIVIL APPLICATION NO.412 OF 2026
                                           IN
                             FIRST APPEAL NO.1518 OF 2026 (F)
           ICICI LOMBARD GENERAL INSURANCE
           CO. LTD. THR LEGAL OFFICER
           NANDITHA PILLAI                                         ... APPLICANT
              Versus
           AUDREY DINIZ AND 2 ORS                                  ... RESPONDENTS


           Mr. James Lopes, Advocate for the Applicant.

           Mr. A. Godinho and Mr. K. Dessai, Advocates for Respondent
           No. 1.


                                CORAM:- VALMIKI MENEZES, J.
                                DATED :- 11th September, 2026

           P.C.:


           1.       Though the application has been opposed by the Respondent
           No. 1, the delay of 53 days stands condoned for the following
           reasons:


                The Applicant has set out that after obtaining the certified copy
           of the impugned order and collecting the same on 08.01.2026, due
           to the resignation of the officer maintaining the Applicantâ€™s
           office, there was a delay in the file being forwarded for legal
           approval. The Legal approval was obtained on 10.04.2026, after
           which the file had to be sent to the Regional Office at Hubli and

                                                Page 1 of 2
                                            11th September, 2026
                                32 MCA 412 2026


then Head Office at Bangaluru, after which the sanction was
obtained to file the Appeal. The application is supported by an
Affidavit. Though the explanation given is bit sketchy for the block
period for the time spent in moving the file, considering that the
delay is a general explanation, I allow the application and the delay
of 53 days stands condoned.


2.   The application stands disposed of.



                                            VALMIKI MENEZES, J.




                                    Page 2 of 2
                                11th September, 2026

Continue reading with your account

Checking your session…