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Bombay High Court

SABAR SHAPUR IRANI AND ORSversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The court quashed the order rejecting the delay condonation and allowed the condonation subject to payment of costs to the respondent.

Summary

The petitioners filed a writ under Article 227 challenging the Additional Sessions Judge's order rejecting their application for condonation of delay in filing a revision against a 2021 magistrate order. They argued that the delay of about 100 days was caused by the advanced age (94 years) of one petitioner and the pendency of earlier proceedings. The respondent contended that the petitioners, including an advocate, should have been more diligent and that senior citizenship is not a sufficient ground for condonation. The High Court examined the reasons for delay, the petitioners' circumstances, and the prejudice to the respondent, and found merit in granting relief. Consequently, the court quashed the impugned order, allowed the condonation of delay, and conditioned the relief on payment of Rs.1,50,000 to the respondent within four weeks, otherwise dismissing the writ.

Issues considered

  • Whether the Additional Sessions Judge's order rejecting the delay condonation application is legally valid.
  • Whether a delay of approximately 100 days can be condoned on the ground of a petitioner's advanced age and other circumstances.
  • Whether the imposition of a cost condition is appropriate in granting condonation of delay.

Subjects

  • delay condonation
  • criminal procedure
  • Article 227
  • senior citizen
  • cost award
  • miscellaneous application
  • high court
  • revision

Judgment

                                               919-CRI.WP-2620-2025.DOC

                                                              Akash Tayde




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION
                WRIT PETITION NO.2620 OF 2025


Sabar Shapur Irani And Ors.                           …Petitioners
      Versus
The State of Maharashtra And Anr.                     …Respondents


Mr. Anosh F. Irani i/b Gayatri N. Gokhale, for the Petitioners
Ms. S. M. Yadav, APP, for the Respondent – State.
Mr. Ujjwal Gandhi, for the Respondent No.2.
Mr. Sunil Rane, PSI, Juhu, Police Station, present.


                      CORAM:       MADHAV J. JAMDAR, J.
                      DATED :      17TH JUNE 2026
PC:-


1.     Heard Mr. Irani, learned Counsel appearing for the

Petitioners and Mr. Gandhi, learned Counsel appearing for the

Respondent No.2.

2.     By the present Writ Petition, filed under Article 227 of the

Constitution of India, the challenge is to the legality and validity of

order dated 25th March 2025 passed by the learned Additional

Sessions Judge, City Civil and Sessions Court, (Borivali Division),

Dindoshi, Mumbai in Miscellaneous Application No.397 of 2024.

By the impugned order the Delay Condonation Application filed by




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                                                              Akash Tayde




the Petitioners has been rejected in preferring the revision

challenging order dated 05th April 2021 passed by learned

Metropolitan Magistrate Court.

3.     Mr. Irani, learned Counsel appearing for the Petitioners

submitted that, although, the order issuing process is dated 05th

April 2021 in the month of January - February, 2024 the summons

were served upon the Petitioners and thereafter efforts were made

to settle the dispute, however as the said efforts failed, earlier Writ

Petition was filed on 20th August 2024 and the said Writ Petition

was dismissed by granting liberty to file appropriate proceedings

by order dated 23rd September 2024 and thereafter Criminal

Miscellaneous Application No.397 of 2024 was filed before the City

Civil and Sessions Court, seeking Condonation of Delay on 10th

October 2022. Thus, it is submitted that considering the pendency

of the Writ Petition there is delay of 96 days. It is further submitted

that the delay has been caused as one of the Petitioner is 94 years

old.

4.     On the other Mr. Gandhi, learned Counsel appearing for the

Respondent No.2, strongly opposed the granting any relief in Writ

Petition. It is submitted that the Petitioner No.3 is an Advocate and

therefore, the Petitioner should have been more vigilant. It is



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                                                             Akash Tayde




further submitted that, although, the Petitioner No.1 is Senior

Citizen of 94 years old that cannot be a ground for delay.

5.     Perusal of the record shows that, although there is some

substance in the contention raised by the learned Counsel

appearing for the Respondent No.2 that the Petitioner should have

been more diligent, however, reasons are given for delay

condonation. The delay is about 100 days. The Petitioner No.1 is a

senior citizen of 94 years old. Thus, case is made out for grant of

relief to the Petitioners subject to payment of cost to the

Respondent No.2.

6.     Accordingly, in the facts and circumstances, case is made out

for granting condonation of delay. However, it is required to be

noted that the proceedings are filed in the year 2014 before the

learned Metropolitan Magistrate Court and considering the overall

facts and circumstances and the hardship which has been caused

to the Respondent No.2, following order is passed :-

                                ORDER

     I. Order dated 25th March 2025 passed by the learned

       Additional Sessions Judge, City Civil and Sessions Court,

       Borivali Division, Dindoshi in Miscellaneous Application

       No.397 of 2024 is quashed and set aside.



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                                                                 Akash Tayde




     II. Miscellaneous   Application      No.397     of   2024    seeking

        Condonation of Delay is allowed on the condition that the

        Petitioners pay an amount of Rs.1,50,000/- to the

        Respondent No.2 as a cost within a period of four weeks

        from today. It is made clear that if the said cost is not paid

        within a period of four weeks then in that event the Writ

        Petition stands dismissed.

7.      Accordingly, the Writ Petition is disposed of in above terms.



                                             [MADHAV J. JAMDAR, J.]




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