Allowed

Bajpe Shivram Shetty v. Idbi Bank Ltd.

Bombay HC5 Jan 2024IA/1487/2021

Case brief

AI extract

What is this about?

The court allowed an interim application by Bajpe Shivram Shetty seeking condonation of delay in filing a Civil Revision Application. Permission was granted to file the CRA, and it was directed to be heard adjourned with another pending matter.

What did the court decide?

Interim application allowed; Civil Revision Application (St) No. 3563 of 2021 to be heard along with CRA No. 17 of 2020 on 6 February, 2024.

Bajpe Shivram Shetty Vs Idbi Bank Ltd. — Civil Procedure and Limitation | Bombay HC (2024)

¶1

KVM

¶2

1/3

¶3

1 - IA 1487 OF 2021.doc

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶5

KANCHAN Digitally signed byKANCHAN VINOD VINOD MAYEKAR MAYEKAR Date: 2024.01.0617:04:01 +0530

¶6

CIVIL APPELLATE JURISDICTION

¶7

INTERIM APPLICATION NO. 1487 OF 2021

¶8

IN

¶9

CIVIL REVISION APPLICATION (ST) NO. 3563 OF 2021

¶10

Bajpe Shivram Shetty

¶11

….. Applicant

¶12

IN THE MATTER BETWEEN

¶13

IDBI Bank Ltd.….. Applicant
VERSUS
Bajpe Shivram Shetty ….. Respondent

¶14

Mr.S.G.Deshmukh a/w. Mr.S.P.Kanuga for the Applicant.

¶15

Mr.Rakesh K. Singh a/w. Mr.Meet Vithalani for the IDBI.

¶16

CORAM: RAJESH S. PATIL, J.

¶17

 DATE : 5 JANUARY, 2024

¶18

P.C. :-

¶19

This interim application is filed by the applicant for

¶20

condoning the delay in filing the Civil Revision Application.

¶21

2. Mr.Deshmukh, learned counsel for the applicant submits

¶22

that the certified copy of the Appellate Court order was received

¶23

only on 19 July, 2019. The limitation period for filing the present

¶24

Civil Revision Application was 90 days. The said period ended on

¶25

18 October, 2019. Mr.Deshmukh further submits that the

¶26

2/3

¶27

1 - IA 1487 OF 2021.doc

¶28

KVM

¶29

pandemic period started in the year 2020 when the Supreme
Court in the Suo Motu Writ Petition (Civil) No. 3 of 2020 has
passed certain orders. Therefore, in the present Civil Revision
Application, the delay would be 162 days. However, the
Department has mentioned the delay of 407 days in filing the
Civil Revision Application.

¶30

3. Mr.Deshmukh further submits that the applicant was 77

¶31

years of age at the time of filing of this interim application and is
now 80 years of age. He further submits that the applicant is
suffering various ailments including high blood pressure and
diabetes. He further submits that there is no intentional delay in
filing the present Civil Revision Application. He further submits
that the impugned order is already challenged by the respondent
bank. Therefore, he submits that both the Civil Revision
Applications can be heard together.

¶32

4. Mr.Singh, learned counsel appearing for the bank opposes this interim application.

¶33

KVM

¶34

3/3

¶35

1 - IA 1487 OF 2021.doc

¶36

5. Heard both the sides. I have gone through the contents of the interim application. Case is made out for condoning the delay in filing this Civil Revision Application.

¶37

6. Interim application is allowed in terms of prayer clause (a).

¶38

7. Interim application is disposed of accordingly.

¶39

8. Civil Revision Application (St) No. 3563 of 2021 to be heard along with Civil Revision Application No. 17 of 2020 on 6 February, 2024 at 2.30 p.m.

¶40

[RAJESH S. PATIL, J.]

Bajpe Shivram Shetty v. Idbi Bank Ltd.

Case brief

What is this about?

What did the court decide?

Bajpe Shivram Shetty v. Idbi Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shiladevi Mahendraprasad Sharma and Ors. Vs Atmaram Laxmanrao Shinde (Dec.) Thr. Lrs. Sarvesh Atmaram Shinde

Harbhajan Singh B Ajimal Vs Rajnarayan Sankatha Pathak Decd. Thr. Lhrs Smt. Hemlata Rajnarayan Pathak and Anr.

Harbhajan Singh B. Ajimal Vs Rajnarayan Sankatha Pathak Decd. Trh. Lhrs Smt. Hemlata Rajnarayan Pathak and Anr.

Idbi Bank Limited Vs Shri. Bajpe Shivram Shetty

Sudha Jayshankar Pillai Thr Poa Amish Ashwin Shah and Anr. Vs Surendra Pratap Singh

Mr. Yang Yau Shin Vs Sonal Anuj Mehra