Sonali Amit Rajput v. Anil Bhupatrai Dave And ORS.

909-ia-400-2026.doc jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2026.02.12 13:41:01 +0530 INTERIM APPLICATION NO.400 OF 2026 JITENDRA SHANKAR NIJASURE IN COMM FIRST APPEAL (ST.) NO.40560 OF 2025 Sonali Amit Rajput ...Applicant / Appellant

Versus

Anil Bhupatrai Dave & Ors.

...Respondents

---------- Mr. Shanay Shah, Mr. Tejas Popat, Mr. Abhishek Adke and Ms. Deepali Joshi for the Appellant.

Mr. Siddhesh Pilankar, for the Respondent No.1. ---------- CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATE :

11TH FEBRUARY, 2026.

ORDER :

1.

By this Interim Application, the Applicant / Appellant has sought for condonation of delay of 441 days in filing of the Commercial First Appeal against the impugned judgment dated 3rd August, 2024.

1/2

909-ia-400-2026.doc 2.

Having perused the averments in the Interim Application and in particular paragraphs 3.8 thereof, wherein it is stated that the Applicant was not aware of the impugned judgment and which came to the knowledge of the Applicant only when the Warrant of Attachment dated 30th October, 2025 was served upon the Applicant on 18th November, 2025 in respect of the property mentioned therein, coupled with the fact of the Appellant / Original Defendant No.3 being only a formal party, we are satisfied that sufficient cause has been shown for the delay in filing the Commercial First Appeal. 3.

Accordingly, we condone the delay of 441 days in filing the Commercial First Appeal. The Interim Application is disposed of. There shall be no order as to costs.

[ ADVAIT M. SETHNA, J. ] [ R.I. CHAGLA J. ] 2/2