Mahesh Shantaram Dalvi vs Mr. Deepak v. Parekh and Anr. — Bombay HC (2025) — LawSathi Research

Mahesh Shantaram Dalvi vs Mr. Deepak v. Parekh and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 30 days in filing Interim Application No. 3926 of 2025 condoned; conditional Order dated 30th September, 2024 set aside; Interim Application No. 9230 of 2024 restored to file as against unserved Respondent No.1; fresh notice to Respondent No.1 returnable on 07th April, 2025, with service by private notice and affidavit of service.

Issue for consideration

Whether the delay of 30 days in filing Interim Application No. 3926 of 2025 should be condoned. +1 more

Court's answer

The delay of 30 days in filing Interim Application No. 3926 of 2025 is condoned.

Ratio / Principle

The conditional Order dated 30th September, 2024 is set aside and Interim Application No. 9230 of 2024 is restored to file as against unserved Respondent No.1.

Key takeaways

Fresh notice to be issued to Respondent No.1, returnable on 07th April, 2025.ratio¶22
In addition to the Court's notice, the Applicant to serve Respondent No.1 by private notice and file affidavit of service before the returnable date; Hamdast allowed.ratio¶23

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, Civil Appellate Jurisdiction (Shyam C. Chandak, J.), order dated 17 March 2025 in Interim Application No. 3926 of 2025 in Interim Application No. 9230 of 2024 in First Appeal (St.) No. 7805 of 2024 — Mahesh Shantaram Dalvi v. Deepak V. Parekh & Anr. The Appellant/Applicant sought condonation of a 30-day delay and restoration of Interim Application No. 9230 of 2024, which stood dismissed as against unserved Respondent No.1 vide conditional Order dated 30th September, 2024 of the Registrar (Judicial-II). The Court condoned the 30-day delay, set aside the conditional Order and restored Interim Application No. 9230 of 2024 to file as against Respondent No.1. Fresh notice to Respondent No.1 was made returnable on 07th April, 2025; the Applicant was directed to provide a copy of the Application to the Registry, serve Respondent No.1 by private notice in addition to Court's notice, and file an affidavit of service before the returnable date. Hamdast allowed. Interim Application No. 3926 of 2025 disposed of.

14 IA9230.2024.doc

P.H. Jayani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 3926 OF 2025 IN INTERIM APPLICATION NO. 9230 OF 2024 IN FIRST APPEAL (ST.) NO. 7805 OF 2024 WITH INTERIM APPLICATION NO. 9230 OF 2024 IN FIRST APPEAL (ST.) NO. 7805 OF 2024

Mahesh Shantaram Dalvi V/s.

…. Appellant

Mr. Deepak V. Parekh and anr. …. Respondents

Mr. Amol Gatne for the Appellant. Ms. Jyoti Bajpayee Pandey i/b. Mr. S.S. Dwivedi for Respondent No.2.

CORAM : SHYAM C. CHANDAK, J.

DATED : 17^th MARCH, 2025

P.C. :-

ORDER IN INTERIM APPLICATION NO. 3926 OF 2025 :-

. By this Application, the Applicant/Appellant is seeking condonation of delay in filing the said Application and to restore the Interim Application No.9230/2024 as against Respondent No.1 which came to be dismissed vide conditional Order dated 30^th September, 2024 passed by the Registrar (Judicial-II) of this Court.

Heard Mr. Gatne, learned Advocate for the Applicant/ Appellant and Ms. Bajpayee, learned Advocate for Respondent No.2. 3) Mr. Gatne, learned Advocate for the Applicant states that

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14 IA9230.2024.doc

P.H. Jayani

before passing of the said conditional Order, the Applicant had already filed an affidavit of service of private notice. That, the Applicant has good case on merits.

In view of the above and for the reasons stated in the Application, the delay of 30 days in filing this Application is condoned. The conditional Order dated 30^th September, 2024 is set-aside and the Interim Application No.9230 of 2024 is restored to file as against unserved Respondent No.1.

Interim Application No.3926 of 2025 is disposed of.

ORDER IN INTERIM APPLICATION NO. 9230 OF 2024 :-

Issue fresh notice to the Respondent No.1, returnable on 07^th April, 2025 .

The Applicant to provide copy of the Application to the Registry, for service of notice on Respondent No.1. In addition to Court’s notice, the Applicant to serve the Respondent No.1 by private notice and file affidavit of service before the returnable date. Hamdast allowed.

(SHYAM C. CHANDAK, J.)

PREETI HEERO JAYANI

Digitally signed by PREETI HEERO JAYANI Date: 2025.03.18 18:36:31 +0530

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