Sameer Akhtarhusain Bederekar v. Nigar Chandbasha Shaikh And ANR.

77 Ia-15349-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15349 OF 2023 IN FIRST APPEAL st. NO. 2782 OF 2021 Sameer Akhtarhusain Bederekar.

...Appellant.

Versus

Nigar Chandbasha Shaikh and Another.

...Respondents.

------ Mr. Ajay A. Joshi for the Appellant.

------ Coram : Sharmila U. Deshmukh, J.

Date : March 10, 2025.

P. C. :

1.

Interim Application has been preferred seeking condonation of delay of 1 year and 62 days caused in filing the First Appeal. 2.

OfÏce noting indicates that the Respondents are duly served. Today, none appears for the Respondents.

3.

Learned Counsel appearing for the Applicant submits that the Appeal was required to be filed on or before 2nd December 2019 and the Applicant had duly instructed his Advocate. However, due to Covid19 pandemic, the Appeal could not be filed and therefore there is delay of 1 year and 62 days in preferring the Appeal. 4.

The reasons stated in the Application constitute sufÏcient explanation for condoning the delay. As a matter of common Patil-SR 1 of

77 Ia-15349-2023.doc knowledge during Covid-19 pandemic, the functioning of entire country was affected and therefore it cannot be disputed that the Advocate could not have filed Appeal though he was instructed to do so in December 2019. In the light of above, Interim Application is allowed.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 17/03/2025 20:34:40