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Bombay High Court

NARI J KHUBCHANDANI THR POA DHANOTTAM V LONKARversusMANOJ ISSARDAS ATHWANI AND ORS

Decided
Disposal
Disposed Off

Holding

The Court condoned the three‑to‑four‑day delay in filing the reply, subject to a cost of Rs 10,000 to be deposited.

Summary

The petition arose from a notice served under section 18(1) of the Maharashtra Rent Control Act, 1999 on 4 October 2024. The petitioner filed a reply with vakalatnama on 6 January 2025, i.e., 94 days later, exceeding the 30‑day period plus the 60‑day extension permitted under Order VIII, Rule 1 of the CPC by about three to four days. The petitioner contended that, per the Supreme Court’s decision in Atcom Technologies Ltd. v. Y.A. Chunawala (2018) 6 SCC 639, such a minor delay could be condoned on sufficient cause and the opposite party could be compensated by costs. The Court examined the applicability of the procedural rule and the precedent, and held that the delay was indeed minor. Accordingly, the Court condoned the delay subject to the petitioner depositing Rs 10,000 as costs within four weeks. The petition was thereafter disposed.

Issues considered

  • Whether the three‑to‑four‑day delay in filing the reply under section 18(1) of the Maharashtra Rent Control Act can be condoned
  • Whether Order VIII, Rule 1 of the Code of Civil Procedure limits the filing period to 90 days
  • Whether the opposite party may be awarded costs as compensation for the delay

Legislation cited

Subjects

  • delay condonation
  • Maharashtra Rent Control Act
  • Section 18
  • Order VIII Rule 1
  • Cost
  • Civil Procedure
  • Supreme Court precedent

Judgment

2026:BHC-AS:34552


            Diksha Rane                                             18 WP 2532 2026.docx



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                                  WRIT PETITION NO.2532 OF 2026
            NARI J KHUBCHANDANI THR POA
            DHANOTTAM V LONKAR                                  ..PETITIONER
                      VS
            MANOJ ISSARDAS ATHWANI & ORS                        ..RESPONDENTS



                 Adv. S. S. Panchpor a/w. Adv. Mahima Sharma, Adv. Andil
                 Parmeshwar for petitioner.

                 Adv. Soumitra C. Jadhav for respondent nos.1 & 2.



                                               CORAM      : ARUN R. PEDNEKER, J.

                                               DATE       : 19th AUGUST, 2026.

            Per Court :
            1.             Heard learned counsel appearing for the petitioner.

            2.             Undisputedly, in the instant case, the notice of the
            application u/s.18(1) of the Maharashtra Rent Control Act,1999, is
            served upon the present petitioner/respondent in the application, on
            4th October 2024. He has filed his reply along with vakalatnama on
            6th January 2025 i.e. within 94 days from the date of the service.




                                                 Page 1 of 2
                                            19th AUGUST, 2026
                      Diksha Rane                                                18 WP 2532 2026.docx



                      3.              Learned counsel for the applicants submits that even
                      applying the principle of Order VIII, Rule 1 of Code of Civil
                      Procedure, the time limit to file the same would be 30 days plus 60
                      days. In the instant case, the delay would be further of another three-
                      four days. However, the Supreme Court has observed in the case of
                      Atcom Technologies Limited vs. Y. A. Chunawala and Company
                      reported in (2018) 6 SCC 639, that the delay can be condoned for
                      sufficient reason and that other party can be compensated with cost.

                      4.              Considering the delay being the minor, the delay is
                      condoned subject to the payment of cost of Rs.10,000/- to be
                      deposited in the trial Court within a period of four weeks.

                      5.              The petition stands disposed of.

                                                                         [ ARUN R. PEDNEKER, J.]




                                                            Page 2 of 2
                                                       19th AUGUST, 2026


Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 21/08/2026 15:53:24


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