Allowed¶28

Shashikant Jaywant Shinde v. Mahesh Sambhajiraje Shinde

Bombay HC5 May 2025EP/30/2025

Case brief

AI extract

What is this about?

Condonation of delay; written statement; Order VIII Rule 1 Code of Civil Procedure 1908; thirty days; ninety days; forty-two days delay; Election Petition No. 30 of 2025; Application (L) No. 14529 of 2025; Bombay High Court; Madhav J. Jamdar, J.; cost Rs. 10,000/-; High Court Employees Medical Welfare Fund Mumbai; prayer clause (a); written statement verified 3 May 2025; filing within 15 days; disposal with costs; next date 17 June 2025.

What did the court decide?

Condonation of delay of 42 days in filing the written statement allowed in terms of prayer clause (a), conditional on payment of Rs.10,000/- to the High Court Employees Medical Welfare Fund at Mumbai within one week; written statement permitted to be filed within 15 days; application disposed of with costs; matter stood over to 17th June 2025 at 02:30 p.m. ¶28

Shashikant Jaywant Shinde vs Mahesh Sambhajiraje Shinde — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 42 days in filing the written statement should be condoned under Order VIII Rule 1 of the Code of Civil Procedure, 1908.

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Court's answer

Under Order VIII Rule 1 CPC the defendant shall present a written statement within thirty days from the date of service of summons; where he fails to do so, the Court may specify another day for reasons to be recorded in writing, but not later than ninety days from the date of service of summons.

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Ratio / Principle

The application for condonation of delay of 42 days in filing the written statement is allowed in terms of prayer clause (a), for the reasons set out in the application, on the condition that the applicant (original Respondent No.1) pays Rs.10,000/- to the High Court Employees Medical Welfare Fund at Mumbai within one week.

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Key takeaways

The written statement is permitted to be filed within a period of 15 days from the date of the order.ratio¶29

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Election Petition No. 30 of 2025 with Application (L) No. 14529 of 2025 (Madhav J. Jamdar, J.; decided 8 May 2025): Application by the respondent no.1/defendant (Mahesh Sambhajiraje Shinde) seeking condonation of a 42-day delay in filing the written statement under Order VIII Rule 1 CPC. The Court noted the statutory framework (written statement within thirty days from service of summons, extendable by the Court for reasons recorded in writing up to ninety days) and the applicant's explanation that he believed a 90-day window existed requiring no condonation application; the written statement had already been verified on 3rd May 2025. Held: application allowed in terms of prayer clause (a), on condition that the applicant pays Rs.10,000/- to the High Court Employees Medical Welfare Fund at Mumbai within one week; written statement permitted to be filed within 15 days; application disposed of with costs; stand over to 17th June 2025 at 02:30 p.m.

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905-EP-30-2025.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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ELECTION PETITION NO.30 OF 2025

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Shashikant Jaywant Shinde …Petitioner Versus Mahesh Sambhajiraje Shinde & Ors. …Respondents

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WITH APPLICATION (L) NO.14529 OF 2025 IN ELECTION PETITION NO.30 OF 2025

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Mahesh Sambhajiraje Shinde …Applicant Versus Shashikant Jaywant Shinde …Respondent

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Mr. Saurabh Butala i/b. Mr. Harshad Sathe, for the Petitioner. Mr. Vaibhav Gaikwad a/w. Ms. Pradnya C. Solanki, for the Respondent No.1.

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Mr. Abhijit P. Kulkarni a/w. Mr. Shreyas R. Zarkar, for the Respondent Nos.2 and 3-Election Commission.

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CORAM: MADHAV J. JAMDAR, J. DATED : 8^th MAY 2025

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P. C.:

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This Application is filed seeking condonation of delay of 42

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days in filing the written statement.

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Order VIII, Rule 1 of the Code of Civil Procedure, 1908 is set

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Digitally signed by SONALI SONALI MILIND MILIND PATIL PATIL Date: 2025.05.09 14:21:34 +0530

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out herein below for ready reference:

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Sonali

905-EP-30-2025.DOC

“ 1. Written statement.— The defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence:

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Provided that where the Defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.”

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As per the said Order 8, Rule 1, the Defendant shall, within thirty days from the date of service of summons on him, present a written statement of his defence. It is further provided that where the Defendant fails to file the written statement within the said period of thirty days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.

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In view of the said provision, this Application is filed. The

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reasons given are set out in paragraph No.7 of the Application. As per the said reasons, the Applicant was under impression that the written statement can be filed within a period of 90 days and there

Page 2

Sonali

905-EP-30-2025.DOC

is no Application for condonation of delay is required to be filed. The written statement has already been verified on 3^rd May 2025.

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Accordingly, for the reasons set out in the Application, the same is allowed in terms of prayer clause (a), on the condition that the Applicant i.e. original Respondent No.1 pays an amount of Rs.10,000/- to the High Court Employees Medical Welfare Fund at Mumbai. The said cost be paid within a period of one week from today.

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The written statement is permitted to file within a period of 15 days from today.

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The Application is disposed of in above terms with costs.

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Stand over to 17^th June 2025 at 02:30 p.m.

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[MADHAV J. JAMDAR, J.]

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Page 3

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Sonali

Shashikant Jaywant Shinde v. Mahesh Sambhajiraje Shinde

Case brief

What is this about?

What did the court decide?

Shashikant Jaywant Shinde v. Mahesh Sambhajiraje Shinde

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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