N. Sendamarai v. The Cotton Corpn.Of India Ltd. And ANR.

2026:BHC-OS:2005-DB 3-IA-2203-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2203 OF 2024 IN APPEAL (L) NO. 13278 OF 2023 N. Sendamarai .. Applicant In the matter between:

N. Sendamarai .. Appellant

Versus

The Cotton Corporation of India Ltd.

and Anr.

.. Respondents Adv. Darpan Gupta, h/f Adv. Anoop Patil, for the Applicant/Appellant.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

JANUARY 23, 2026 P. C.

1.

The above Interim Application is filed seeking condonation of delay in filing the above Appeal. The delay is of 21 years. The explanation for the delay has been set out from paragraph 4 onwards. 2.

It is clear that the decree which is sought to be assailed in the above Appeal and which was passed in March 2001 was to the knowledge of JANUARY 23, 2026 Darshan Patil

3-IA-2203-2024.doc the Applicant way back in the year 2002 itself. She, in fact, contested the execution proceedings initiated against her all throughout and never once, until now, sought to challenge the decree. In fact, she even filed an Application under Rule 13 Order IX of the Civil Procedure Code, which was dismissed by the learned Single Judge and which was also confirmed in the Appeal.

3.

In light of these facts, we find absolutely no case made out in condoning such a huge delay. The Interim Application is therefore dismissed, and consequently so is the above Appeal. However, there shall be no order as to costs.

4.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] JANUARY 23, 2026 Darshan Patil Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 23/01/2026 16:17:46