Arihant Trading v. Surya Polycontainer

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7958 OF 2025 IN COMMERCIAL FIRST APPEAL (ST) NO. 15207 OF 2025 Arihant Trading ...Appellant (Org. Defendant)

Versus

Surya Polycontainer

...Respondent

(Orig. Plaintiff) ---------- Mr. Avinash Joshi, Mr. Pradeep Khittani, N. Khittani, Mr. Nitish Raut for the Appellant.

Ms. Rekha Mehta and Ms. Kinjal Mehta for the Respondent. ---------- CORAM : R.I. CHAGLA J FARHAN P. DUBASH, J DATE :

12 December 2025 ORDER :

1.

The Appellant / Applicant by this Interim Application has SHARAYU PANDURANG KHOT sought for condonation of delay of 33 days in filing of Commercial Digitally signed by SHARAYU PANDURANG KHOT Date:

2025.12.16 11:00:00 +0530 First Appeal.

2.

The Applicant had filed Commercial Appeal (L) No. 30534 of 2023 inadvertently on the Original Side. By order dated 2nd April 2025, this Court had allowed the Applicant to convert the Appeal from Original Side to Appellate Side. The amendment was to be carried out during the course of the day.

3.

The Applicant has stated that there was some delay in carrying out the amendment due to the inaction of the Advocate. 4.

By keeping the rights and contentions of the Respondent open, the Interim Application is required to be allowed, as the Applicant should not be made to suffer on account of default of the Advocate.

5.

We are not inclined to consider the interim relief sought for in the present Interim Application for stay, unless the Applicant files a separate Interim Application for stay, which shall be consider on its own merits. Accordingly, the following order is passed.:- (i) Delay of 33 days in filing of Commercial Appeal is

condoned.

(ii) Registry shall accept the filing of the Commercial Appeal and number the same.

(iii) Interim Application is accordingly, disposed of. There shall be no order as to costs.

[FARHAN P. DUBASH, J.] [R.I. CHAGLA J.] Sharayu Khot.