Icici Bank Ltd v. Sham Shivanand Wagle And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11832 OF 2025 IN FIRST APPEAL (ST) NO.30601 OF 2025 IN SUIT NO.9389 OF 2025 ICICI Bank Ltd.

.. Applicant/ Appellant In the matter between:- ICICI Bank Ltd.

.. Appellant/ Org.Defendant No.4

Versus

Sham Shivanand Wagle & Ors.

.. Respondents UTKARSH KAKASAHEB BHALERAO Mr.Ashish Kamat, Senior Advocate a/w Mayur Bhojwani, Dhamini Nagpal, Ulrik Jehangir i/b Manilal Kher Ambalal & Co., Advocates for the Applicant/Appellant. UTKARSH KAKASAHEB BHALERAO Date: 2025.10.27 11:44:44 +0530 Ms.Archana D. Gaware, Advocate for Respondent No.1.

CORAM

: B. P. COLABAWALLA & AMIT S. JAMSANDEKAR, JJ.

DATE : OCTOBER 17, 2025 P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 128 days (out of which 76 days spent in

pursuing the Review Petition filed before the Trial Court) in filing the above Appeal.

2.

The learned advocate appearing on behalf of the Respondent vehemently opposed the Application for condonation of delay. According to her, firstly, the time period to file the Appeal is only 30 days as set out in Section 15 of the Bombay City Civil Court Act, 1948 whereas the delay has been calculated on the basis that the Appellant had 90 days to file the present Appeal. Secondly, she submitted that in any event there is no explanation for the delay set out in the above Interim Application. For all these reasons she submitted that the Interim Application ought to be dismissed.

3.

We have heard the learned counsel for the parties, we have also perused the papers and proceedings in the above Interim Application. We find that in paragraph 9 of the Interim Application, sufficient explanation has been given for the delay in filing the above Appeal. We say this even if we assume for the sake of argument that the period of filing the above Appeal was within 30 days and not 90 days, as calculated by the Appellant. In these circumstances, we hereby condone the delay in filing the above Appeal.

4.

Now that the delay is condoned, the advocates for the Appellant shall remove all other office objections within a period of 4 weeks from today, failing which the above Appeal shall stand dismissed without further reference to the Court.

5.

The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 6.

Personal Assistant of this Court. All concerned will act on production by [AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.]