Bombay High Court
CHANDRASHEKHAR KALURAM SAWANTversusARVIND SATISHCHANDRA SAWANT AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- SANDEEP V MARNE
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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