Rajabhau Bhaurao Chavan v. Panchfula Rajabhau Chavan and Others

Bombay HC17 Jan 2026APPLN/120/2026

Case brief

AI extract

What is this about?

Condonation of delay; 1473 days delay; Criminal Revision Application; REVNST/300/2026; cost Rs. 20,000; substantial justice; delay not intentional or deliberate; opportunity to contest on merits; dismissal on default of cost; Bombay High Court Aurangabad Bench; Abhay J. Mantri, J.; Rajabhau Bhaurao Chavan; Panchfula Rajabhau Chavan; Criminal Application No. 120 of 2026; 2026.

What did the court decide?

Condonation of the 1473-day delay in filing the Criminal Revision Application, conditional on payment of Rs. 20,000/- cost to the Respondents or deposit in court on or before 22-04-2026 (failing which the Application stands dismissed); on payment or deposit, the Revision Application (REVNST/300/2026) is to be registered in accordance with law and listed on 29-04-2026. ¶¶26

Rajabhau Bhaurao Chavan vs Panchfula Rajabhau Chavan and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶26

Issue for consideration

Whether the delay of 1473 days in filing the Criminal Revision Application ought to be condoned, and on what terms.

¶¶16

Court's answer

The delay in filing the Revision Application did not appear to be intentional or deliberate.

¶¶24

Ratio / Principle

With a view to advancing substantial justice to the parties, the court considered it appropriate to condone the delay.

¶¶24

Key takeaways

The application is allowed and the delay of 1473 days in filing the Revision Application is condoned, subject to payment of a cost of Rs. 20,000/-.ratio¶¶26
The cost of Rs. 20,000/- must be paid to the Respondents or deposited in the court on or before 22-04-2026, failing which the Application shall stand dismissed without further reference to the court.ratio¶¶27
On payment or deposit of the cost, the Revision Application would be registered in accordance with the Law and listed on 29-04-2026.

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Abhay J. Mantri, J., 16 April 2026 — 901 Criminal Application No. 120 of 2026 in REVNST/300/2026, Rajabhau Bhaurao Chavan v. Panchfula Rajabhau Chavan and Others. Application for condonation of a 1473-day delay in filing a Criminal Revision Application was allowed, subject to payment of Rs. 20,000/- cost. The court found the delay was not intentional or deliberate and condoned it with a view to advancing substantial justice, noting that non-condonation would affect the applicant's rights and that adjudication on merits was preferable to rejection at the threshold. During arguments, the learned Advocate for the Respondents (initially opposed) submitted that the delay could be condoned subject to the cost, and the Applicant agreed to pay it. The cost is payable to the Respondents or by deposit in court on or before 22-04-2026, failing which the Application stands dismissed without further reference to the court. On payment or deposit, the Revision Application is to be registered in accordance with law and was listed for 29-04-2026.

¶1

2026:BHC-AUG:16362

¶2

(1)

¶3

901criapln120.26.odt

¶4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶5

901 CRIMINAL APPLICATION NO. 120 OF 2026

¶6

IN REVNST/300/2026

¶7

RAJABHAU BHAURAO CHAVAN

¶8

….Applicant VERSUS

¶9

PANCHFULA RAJABHAU CHAVAN AND OTHERS

¶10

…..Respondent

¶11

Mr. S. B. Choudhari, Advocate for the applicant Mr. Sandip P. Rathod, Advocate for the respondent Nos. 1 to 3

¶12

CORAM : ABHAY J. MANTRI, J.

¶13

DATE : 16^th APRIL, 2026

¶14

PER COURT :

¶15

The applicant has moved this Application for

¶16

condonation of the delay of 1473 days caused in filing the Criminal Revision Application.

¶17

Heard the learned Advocates for the Applicant and the Respondent at length.

¶18

During the course of the argument, the learned Advocate for the Respondent, though opposed to the Application, subsequently submitted that the delay could be condoned, subject to a cost of Rs. 20,000/-.

¶19

In response, the learned Advocate for the Applicant submitted that the Applicant is ready to pay the cost.

¶20

1 of 3

¶21

(2)

¶22

901criapln120.26.odt

¶23

Apart from this, it does not appear that the delay in filing

¶24

the Revision Application was intentional or deliberate. As such, with a view to advancing substantial justice to the parties, it would be appropriate to condone the delay.

¶25

In light of the above submissions and considering the reasons stated in para nos. 5 to 7, as well as the merits of the matter, I deem it appropriate to condone the delay, subject to a cost of Rs. 20,000/-. It would not prejudice the parties' rights, but it would help to determine the controversy between them on the merits. On the contrary, if it is not condoned, it would indeed affect the Applicant’s rights. Therefore, I am of the view that the Applicant should be given an opportunity to contest the matter on merits instead of rejecting it at the threshold.

¶26

As a result, the application is allowed, and the delay of 1473 days caused in filing the Revision Application is condoned, subject to payment of a cost of Rs. 20,000/ - [Rupees Twenty Thousand Only].

¶27

The Applicant shall pay the cost to the Respondents or to deposit the same in the court on or before 22-04-2026 , failing which, the Application shall stand dismissed without further reference to the court.

¶28

2 of 3

¶29

(3)

¶30

901criapln120.26.odt

¶31