Gyanprakash Kumar Nagendra Singh Since Deceased Thr. Lrs Kumar Nagendra Haridayanand Singh and Anr. vs Hanumant Pundlik Zade and Anr. — Bombay HC (2025) — LawSathi Research

Gyanprakash Kumar Nagendra Singh Since Deceased Thr. Lrs Kumar Nagendra Haridayanand Singh and Anr. vs Hanumant Pundlik Zade and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 1 year and 21 days in filing the Appeal condoned; office objections to be removed within 4 weeks failing which the Appeal shall stand dismissed without further reference to the Court; undertaking accepted that no interest will be claimed on any enhanced MACT award for the delay period; no order as to costs.

Issue for consideration

Whether the delay of 1 year and 21 days in filing First Appeal (ST) No.19671 of 2024 should be condoned, based on the explanation furnished by the Applicants (including the further affidavit directed by the Court).

Ratio / Principle

Having gone through the further affidavit dated 4 July 2025, the Court was satisfied with the explanation for the delay of 1 year and 21 days and accordingly condoned the delay in filing the above Appeal.

Key takeaways

Condonation was accompanied by a directive that all other office objections shall be removed by the learned advocate for the Appellant within a period of 4 weeks from the date of the order, failing which the above Appeal shall stand dismissed without further reference to the Court.ratio¶20
The Court accepted, as an undertaking given to it, the Applicants' statement that in the event the amount awarded by the MACT is enhanced in this Appeal, they shall not claim interest for the period of the delay caused by them in filing the present Appeal.ratio¶21

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction) - Interim Application No.12982 of 2024 in First Appeal (ST) No.19671 of 2024 (B. P. Colabawalla & Firdosh P. Pooniwalla, JJ., 11 July 2025). The Applicants sought condonation of a delay of 1 year and 21 days in filing an appeal against a MACT award. At an earlier hearing (20th June 2025) the Court was wholly unsatisfied with the application's averments, finding no dates or particulars of the delay, and directed a further affidavit. Upon perusal of the affidavit dated 4th July 2025, the Court was satisfied with the explanation and condoned the delay. Condonation was made conditional on removal of all other office objections by the Appellant's advocate within 4 weeks, failing which the Appeal would stand dismissed automatically without further reference to the Court. Counsel for the Applicants undertook, and the Court accepted as an undertaking to it, that if the MACT award is enhanced in the Appeal, no interest would be claimed for the period of the Applicants' delay. The Interim Application stood disposed of with no order as to costs.

21.ia.12982.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.12982 OF 2024

IN

FIRST APPEAL (ST) NO.19671 OF 2024

Mr.Gyanprakash Kumar Nagendra Singh (since deceased) i. Mr.Kumar Nagendra Haridayanand & Anr. .. Appellants

Versus

Hanumant Pundlik Zade & Anr. .. Respondents

Digitally signed by UTKARSH UTKARSH KAKASAHEB KAKASAHEB BHALERAO BHALERAO Date: 2025.07.14 15:42:05 +0530

Mr.Yogesh Pande, Advocate for the Applicant.

Mr.Rajesh Kanojia a/w Prachi Pawar i/b Res Juris, Advocates for Respondent No.2.

CORAM : B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE : JULY 11, 2025

P. C.

1. The above Interim Application has been filed by the Applicants seeking condonation of delay of 1 year and 21 days in filing the above Appeal.

Page 1 of 3 JULY 11, 2025

Utkarsh

21.ia.12982.2024.doc

2. When this matter had come up on the earlier occasion (20^th June 2025), we were wholly unsatisfied with the averments made in the Application seeking condonation of delay. There were no dates mentioned and no particulars given for the delay. We therefore directed the Applicants to file a further affidavit properly explaining the delay.

3. Pursuant to these directions, an affidavit dated 4^th July 2025 has been placed on record. We have perused this affidavit. After going through this affidavit we are satisfied with the explanation given for the aforesaid delay. We accordingly condone the delay in filing the above Appeal.

4. Now that the delay is condoned, all other office objections shall be removed by the learned advocate appearing on behalf of the Appellant within a period of 4 weeks from today, failing which the above Appeal shall stand dismissed without further reference to the Court.

5. The learned advocate appearing on behalf of the Applicants has fairly stated that in the event the amount awarded by the MACT is enhanced by us in this Appeal, they shall not claim interest for the period of the delay caused by them in filing the present Appeal. The said statement is accepted as an undertaking given to this Court.

Utkarsh

Page 2 of 3 JULY 11, 2025

21.ia.12982.2024.doc

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

7. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.]

[B. P. COLABAWALLA, J.]

Page 3 of 3 JULY 11, 2025

Utkarsh