Union Of India And ORS. v. Maheshkumar Gordhandas Garodia

2026:BHC-AS:10885 Megha 8_ia_879_2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.879 OF 2024 IN CIVIL REVISION APPLICATION (STAMP) NO.23914 OF 2023 Union of India and Ors.

...Applicants V/s.

Maheshkumar Gordhandas Garodia

...Respondent

________________ Mr. Anil C. Singh, ASG with Mr. Aditya Thakkar, Mr. D.P. Singh, Mr. Adarsh Vyas, Ms. Rama Gupta, Mr. Dhaval Shetia and Ms. Rupali Srivastav for the Applicants.

Mr. Aditya Bapat with Mr. S.A.K. Nojam-es-Sani i/b. M/s. Maneksha & Sethna for the Respondent.

________________ CORAM: SANDEEP V. MARNE, J.

DATED: 5 MARCH 2026.

P.C.:

1) Interim Application is filed for condonation of delay of 200 days in filing the Revision Application. The Application is opposed by Mr. Bapat, the learned counsel appearing for the Respondent. 2) I have gone through the justification pleaded in the Application. Revision Application is filed by the Union of India challenging order dated 11 November 2022. In the Interim Application following justification is pleaded :- 1 of

Megha 8_ia_879_2024

2. It is submitted that after the order dated 11 November 2022 was passed, it took some days to upload the said order. As the Government counsel appearing for the Applicants/Ori. Defendants intimated about the rejection of the notice of motion filed by the Applicants/Ori. Defendants, the said order was procured from the Internet by downloading the same. Thereafter, the same was send to Ministry of Law and Justice along with all other relevant papers for opinion on the same.That the Ministry took it's time as it was burdened with many other matters. The Applicants/Ori. Defendants thereafter received an opinion from the Ministry that the said order dated 11 November, 2022 is to be challenged before This Hon'ble Court. It is submitted that thereafter request was made to the Ministry of Law and Justice to appoint Government Advocate to draft the Civil Revision Application and/or other pleadings and also the Government Advocate to make submissions before this Hon'ble court. It is stated that it took some time for appointment of Government Advocate.

3. It is submitted that soon the Government Advocate was appointed by the Ministry of Law and Justice, the Salt Department compiled all the required documents for drafting of the Civil Revision Application and send the same to the Government Advocate. He thereafter took some time for drafting the Civil Revision Application. It is stated that as there is no appointment of Deputy Salt Commissioner in the Mumbai, the Deputy Salt Commissioner, Jaipur is been given additional charge of Mumbai Division. Therefore, after the draft of the Civil Revision Application was received from the Advocate, the same was send to the Jaipur Office. It is stated that after vetting the said draft of the Civil Revision Application, the Mumbai office was instructed to proceed to file the Civil Revision Application. The Civil Revision Application as well as the present Interim Application was again required to send for affirmation to Jaipur Therefore, the delay is caused in filing the present Civil Revision Application.

4. It is stated that, the delay in filing the above Civil Revision Application was caused in the aforesaid circumstances, which were beyond the control of the Applicants/Ori. Defendants. It is further submitted that the Applicants/Ori. Defendants have sufficiently explained the delay therefore, it is just, proper and necessary in the interest of justice to condone the delay and register the Civil Revision Application. It is stated that the Applicants/Ori. Defendants have very good case on merits. It is submitted that if the delay is not condoned, the Applicants/Ori. Defendants would suffer great harm and prejudice ont he other hand no such harm or prejudice would cause to the Respondent/ Ori. Plaintiff. In the above circumstances the present Interim Application deserves to be allowed. 2 of

Megha 8_ia_879_2024 3) Considering the above justification pleaded in the Interim Application, as also considering the length of delay in filing the Revision Application, the delay deserves to be condoned. Interim Application is allowed by condoning the delay in filing the Revision Application. 4) Interim Application is accordingly disposed of. [SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 06/03/2026 11:10:45 3 of