Mrs. Seema Rajan Thakur v. Shri. Vivek Jaywant Mhatre And ORS.
39-FA(ST)-14337-2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION TALLE SHUBHAM ASHOKRAO INTERIM APPLICATION NO. 10977 OF 2024.
TALLE SHUBHAM ASHOKRAO Date: 2025.03.06 18:53:32 +0530 IN FIRST APPEAL (ST) NO. 14337 OF 2023.
Mrs. Seema Rajan Thakur ...Appellant/ Applicant.
Versus
Shri. Vivek Jaywant Mhatre And Ors.
...Respondents.
------ Mr. Sumit Kothari for the Appellant.
Mr. Ashwin Ankhad and Mr. Naresh Ratnani i/by Ashwin Ankhad & Associates for the Respondents.
------ Coram : Sharmila U. Deshmukh, J.
Date : March 4, 2025.
P. C. :
1.
Interim Application has been preferred seeking condonation of delay of 31 days caused in preferring the First Appeal. 2.
Learned Counsel appearing for the Applicant submits that the Applicant was erroneously advised that the period of limitation is 90 days as per Limitation Act, 1963 and therefore the Appeal came to be filed without any Application for condonation of delay. He submits that it is only when objection was raised that the appeal is not accompanied by an Application for condonation of delay, that the Application came to be filed seeking condonation of delay. He submits that the delay has been caused due to erroneous advise given to the Applicant and that Shubham Talle 1 of
39-FA(ST)-14337-2023.doc the delay be condoned.
3.
Learned Counsel appearing for the Respondent would oppose the Application and would submit that though the delay in filing the First Appeal is only of 31 days, the Application itself has been filed after period of 289 days.
4.
I have considered the submissions and perused the record. 5.
It is specifically pleaded in the Application that the Applicant was under the impression that the prescribed period of limitation for filing of the appeal is 90 days. The impression is substantiated by the fact that the Appeal came to be filed without any Application for condonation of delay. The Appeal was filed in the year 2023 and only when objection was raised that there is no Application for condonation of delay as period of limitation is 30 days, the present Application came to be filed. Irrespective of the delay in filing the present Application for condonation of delay, what is required to be condoned is the delay in filing the First Appeal which is delay of 31 days and has been properly explained.
6.
In light of the above, the delay of 31 days stands condoned. Interim Application is allowed.
7.
List the above First Appeal along with First Appeal No. 686 of 2023 for admission on 18th March, 2025.
[Sharmila U. Deshmukh, J.] Shubham Talle 2 of