Supriya Corn Products Pvt Ltd v. M/S Vijaya Enterprises

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11999 OF 2025 IN COMMERCIAL FIRST APPEAL (ST) NO. 31067 OF 2025 Supriya Corn Products Pvt.Ltd. & Ors.

...Applicants / Appellants

Versus

M/s. Vijay Enterprises

...Respondent

---------- Mr. Shanay Shah a/w Mr. Rakesh Singh i/by Pushkal Mishra for the Applicants / Appellants.

Mr. Sameer K. Chaudankar for the Respondent.

---------- CORAM : R.I. CHAGLA J FARHAN P. DUBASH, J DATE :

16 October 2025 ORDER :

1.

By this Interim Application, the Appellants / Applicants SHARAYU PANDURANG KHOT have sought for condonation of delay of one day in filing of the Digitally signed by SHARAYU PANDURANG KHOT Date:

2025.10.17 15:12:14 +0530 Commercial First Appeal.

2.

The Applicants have stated that the certified copy of the 1/3

impugned order dated 2nd July 2025 was applied for on 5th July 2025 and the same was available on 19th July 2025. 3.

The Applicants have further stated that if the delay is being computed from the date of the impugned order, there is delay of 15 days. However, there is delay of one day, if the 15 days period for applying for certified copy of the impugned order in filing of the Commercial First Appeal is excluded. The reason for the delay is that the Applicant No. 2, who had been authorised to affirm the Application was travelling for the purpose of attending various business exhibitions and engagements related to the nature of the business and therefore, was unable to take further steps within the prescribed time for affirming the memo of the Commercial First Appeal. Accordingly, this resulted in the delay in filing of the First Appeal.

4.

Having considered the averments in the Interim Application, there is sufficient cause shown for the delay of one day in filing of the Commercial First Appeal.

2/3

5.

Accordingly, the delay in filing the Commercial First Appeal is required to be condoned. Hence, the following order is passed.:- (i) Delay of one day in filing of the Commercial First Appeal is condoned.

(ii) Commercial First Appeal along with Interim Application No. 11998 of 2025 shall be taken on record.

(iii) Interim Application is accordingly disposed of. [FARHAN P. DUBASH, J.] [R.I. CHAGLA J.] 3/3