Shree N N Enterprises vs Equator Freight and Logistic Pvt. Ltd. — Bombay HC (2026) — LawSathi Research

Shree N N Enterprises vs Equator Freight and Logistic Pvt. Ltd. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of the 46-day delay in filing the First Appeal and stay on the effect, implementation and execution of the impugned judgment and decree dated 8 April 2025, subject to deposit of Rs.6 Lakhs with the Registrar (Judicial - I) within 4 weeks from the date of uploading of the order; no order as to costs; First Appeal memo to be served on the Respondents within one week.

Issue for consideration

Whether the delay of 46 days in filing the First Appeal (Commercial FA (ST) No. 29440 of 2025) should be condoned so that the appeal may be heard on merits. +1 more

Court's answer

The delay of 46 days in filing the First Appeal is condoned, following the Applicant's undertaking (accepted by the Court) to deposit Rs.6,00,000/- towards condonation of delay and stay, and on taking on record the Respondent/Original Plaintiff's affidavit-in-reply.

Ratio / Principle

Stay granted on the effect, implementation and execution of the impugned judgment and decree dated 8 April 2025 passed by the Commercial Court, Mazgaon in Commercial Suit No.100757 of 2024, subject to the Applicant/Appellant depositing Rs.6 Lakhs with the Registrar (Judicial - I) within 4 weeks from the date of uploading of the order.

Key takeaways

Both Interim Applications (Nos. 38348 and 38349 of 2025) are disposed of in these terms; there is no order as to costs; the Appellant is directed to serve the First Appeal memo on the Respondents within one week.ratio¶36

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), coram R.I. Chagla and Advait M. Sethna, JJ.; order dated 17 April 2026 in Interim Applications Nos. 38348 and 38349 of 2025 moved by Shree N N Enterprises (partnership firm), applicant/appellant in Commercial FA (ST) No. 29440 of 2025 against Equator Freight And Logistic Pvt Ltd. The Applicant sought (i) condonation of a 46-day delay in filing the First Appeal against the judgment and decree dated 8 April 2025 of the Commercial Court, Mazgaon, Greater Mumbai in Commercial Suit No.100757 of 2024, which had decreed the suit with proportionate cost and directed payment of Rs.5,87,361/- with interest @ 9% p.a. from the date of filing of the suit, and (ii) stay on the effect, implementation and execution of that decree. The Applicant pleaded ignorance of the ex-parte decree and attributed the delay to obtaining paper-book copies and arranging the affidavit. Accepting the Applicant's undertaking to deposit Rs.6,00,000/- and taking on record the Respondent/Original Plaintiff's affidavit-in-reply, the Court condoned the delay and stayed the effect, implementation and execution of the decree, subject to deposit of Rs.6 Lakhs with the Registrar (Judicial - I) within four weeks from upload of the order. Both applications were disposed of in these terms; no order as to costs; the Appellant was to serve the First Appeal memo on the Respondents within one week.

Digitally signed by PALLAVI MAHENDRA PALLAVI WARGAONKAR MAHENDRA WARGAONKAR Date: 2026.04.18 10:50:53 +0530

1 907-IA-38348-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 38348 OF 2025

IN

COMMERCIAL FA (ST) NO. 29440 OF 2025

Shree N N Enterprises ...Applicant Versus

Equator Freight And Logistic Pvt Ltd. ...Respondent

WITH INTERIM APPLICATION NO. 38349 OF 2025 IN COMMERCIAL FA (ST) NO. 29440 OF 2025

Shree N N Enterprises (partnership Firm) ...Applicant

Versus Equator Freight And Logistic Pvt Ltd. ...Respondent

Mr. Vaibhav Gaikwad (Thr. VC) a/w Mr. Shantanu Ghatage for the Applicant.

Mr. Saurabh Pandya, for Respondent/Original Plaintiff.

CORAM : R. I. CHAGLA AND

ADVAIT M. SETHNA, JJ.

DATED : 17^th APRIL, 2026

P.C.:-

Interim Application No. 38348 OF 2025:

By this Interim Application, the Applicant is seeking condonation of

delay of 46 days in filing of the present First Appeal and for hearing the same on merits.

The Applicant has stated that the judgment and decree passed by the

1/3

Pallavi

2 907-IA-38348-2025 (C).doc

Commercial Court, Mazgaon, Greater Mumbai had decreed the suit with proportionate cost and directed the Defendant/Applicant to pay the amount of Rs.5,87,361/- with interest @ 9% p.a., from the date of filing of the said Suit, within 3 months from the date of the said order.

The Applicant states that they were unaware of the ex-parte order passed against the Applicants and/or unaware of the passing of the said judgment and decree dated 8 April 2025. It is stated that he recently got knowledge of the said impugned decree and accordingly, the Applicants took steps of filing the present First Appeal.

The Applicant further stated that there was delay of 46 days in filing the present First Appeal as it took longer period for getting copies of the paper-book of the proceedings from the Commercial Court and then for arranging the affidavit. In view thereof, such delay was not intentional and/or deliberate.

The learned counsel appearing for the Applicant on instructions states that the Applicant/Appellant is aggreable to deposit the amount of Rs.6,00,000/- towards condonation of delay in filing the First Appeal and for stay on the effect, implementation and execution of the Impugned Judgment and order passed by the Commercial Court. This statement is accepted.

In view of the statement, by taking on record an affidavit-in-reply filed by the Respondent/Original Plaintiff to the above Interim Application

2/3

Pallavi

3 907-IA-38348-2025 (C).doc

to the First Appeal (St) No.29440 of 2025, we condone the delay in filing the present First Appeal.

Interim Application No.38349 of 2025:

This Interim Application which has sought for stay on the effect, implementation and execution of the impugned judgment and decree dated 8 April 2025 is allowed, in light of the above statement. There shall be a stay on the effect, implementation and execution of the impugned judgment and decree dated 8 April 2025 passed by the Commercial Court, Mazgaon in Commercial Suit No.100757 of 2024 subject to the Applicant/Appellant depositing amount of Rs.6 Lakhs with the Registrar (Judicial – I) within a period of 4 weeks from the date of uploading of this order.

Interim Application Nos.38348 of 2025 and 38349 of 2025 are disposed of in these terms. There shall be no order as to costs. The Appellant shall serve the First Appeal memo on the Respondents within a period of one week from today.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.]

3/3

Pallavi