Idbi Bank Ltd Thru. Md v. Singnage 360 Degree Pvt Ltd And ORS

43-wp-11302-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11302 OF 2025 Idbi Bank Ltd Thru. Md ...

Petitioner V/s.

Singnage 360 Degree Pvt Ltd And Ors ...

Respondents ------------------- Mr. Subir Kumar with Vaishnavi Pawar ans Ashita Aagarwal i/by SDS Advocates, for the petitioner Mr. V. Mishra, for the respondent no. 1.

Mr. Akhilesh Dubey, (through VC) with Abhishek Karnik, for the respondent nos. 2 and 3.

-------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2025.09.25 18:12:45 +0530

CORAM

:

N.J. JAMADAR, J.

VARSHA DEEPAK GAIKWAD DATE :

23RD SEPTEMBER 2025.

ORAL ORDER:

1.

Heard the learned counsel for the petitioner. 2.

The challenge in this petition is to an order dated 19th July 2025 passed by the learned District Judge-1, Belapur whereby Miscellaneous Civil Appeal No. 72 of 2023 came to be dismissed as having been barred by limitation. The said appeal was sought to be preferred against a judgment and order passed by the learned Civil Judge on 1st March 2023, thereby granting an injunction in favour of the respondent no. 1.

3.

Under the provisions of Article 116(b) of the Limitation Act, varsha

43-wp-11302-2025.doc 1963, the appeal against the said order ought to have been filed within 30 days. The appeal was clearly beyond the stipulated period of limitation.

4.

In this view of the matter, the learned District Judge was within his rights in dismissing the appeal, which was clearly barred by the limitation in view of the mandate contained in Section 3 of the Limitation Act, 1963.

5.

The petition, being devoid of substance, stands dismissed. (N.J. JAMADAR, J) varsha