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Bombay High Court

CHANDRASHEKHAR KALURAM SAWANTversusARVIND SATISHCHANDRA SAWANT AND ORS

Decided
Disposal
Disposed Off

Holding

The order dated 8 September 2025 is set aside and the petitioner's application for extending the period to deposit interim compensation is allowed.

Summary

The petitioner, Chandrashekhare Kaluram Sawant, challenged a Small Causes Court order dated 8 September 2025 that rejected his application to extend the time for depositing interim compensation, a period originally fixed by a High Court order on 16 September 2016. The High Court noted that the underlying appeal had been pending since 2015 and that there was only a brief delay in the deposit of interim compensation, with the petitioner having regularized payments after missing April and May 2022 deposits. Rather than re‑examining the correctness of the Small Causes Court order at this stage, the Court directed that the appeal be decided expeditiously, preferably within six months. Consequently, the Court set aside the 8 September 2025 order and allowed the petitioner's application for an extension of time as per Exhibit‑33, Regular Darkhast No.51 of 2016. With the main petition disposed, the interim application was also dismissed as there was nothing left to adjudicate.

Issues considered

  • Whether the Small Causes Court order rejecting the application for extension of time to deposit interim compensation is valid
  • Whether the High Court can set aside that order and allow the extension

Subjects

  • interim compensation
  • extension of time
  • Small Causes Court
  • appeal pending
  • expeditious decision

Judgment

2026:BHC-AS:18660

              Megha                                            6_wp_12745_2025 with ia_1094_26


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.12745 OF 2025
                                             WITH
                              INTERIM APPLICATION NO.1094 OF 2026
                                              IN
                                 WRIT PETITION NO.12745 OF 2025

              Chandrashekhare Kaluram Sawant                     ...Petitioner
                                V/s.

              Arvind Satishchandra Sawant and Ors.              ...Respondents
                                         ________________
              Mr. Sachin Khandagale for the Petitioner.

              Mr. Arvind Sawant, Respondent in-person, present.
                                         ________________


                                                     CORAM: SANDEEP V. MARNE, J.
                                                      DATED: 18 APRIL 2026.


              P.C.:


              1)       The Petition is =led challenging order dated 8 September 2025
              by which the Small Causes Court has rejected the Application =led by the
              Petitioner for enlarging of period decided by this Court vide order dated
              16 September 2016 for making deposit of the interim compensation.


              2)      Heard Mr. Khandagale, the learned counsel appearing for the
              Petitioner and Mr. Arvind Sawant, Respondent No.1, who is appearing
              in-person.


                                              Page No.1 of 2
                                              18 April 2026
                          Megha                                                   6_wp_12745_2025 with ia_1094_26




                          3)          It is seen that the appeal is pending since the year 2015. There is
                          a short delay in making the deposit of interim compensation. Instead of
                          determing correctness of order dated 8 September 2025 at this stage, it
                          would be appropriate to direct expeditous decision of the Appeal. It is
                          also seen that after the default in payment of the interim compensation
                          for April and May-2022, the Petitioner appears to be regular in
                          depositing the interim compensation.


                          4)          Accordingly, order dated 8 September 2025 is set aside. The
                          Application at Exhibit-33 =led in Regular Darkhast No.51 of 2016 is
                          allowed in terms of prayers made therein. Appellate Court is requested to
                          decide the Appeal in an expeditious manner, preferrably within a period
                          of six months.


                          5)              Since the main Petition is disposed of, nothing survives in
                          the Interim Application and the same is accordingly disposed of.


                                                                                [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                               Page No.2 of 2
Designation: PA To Honourable Judge                            18 April 2026
Date: 23/04/2026 11:11:37


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