Case brief
What is this about?
Bombay High Court, Second Appeal No. 238 of 2026 (N. J. Jamadar, J.; decision dated 10 June 2026; oral order): dismissal of appellant Shobha Neelkamal Tejwani's second appeal against respondent Subhashish Developers; upholds Maharashtra Real Estate Appellate Tribunal's order dated 23 January 2026 rejecting condonation of 202 days' delay in appeal against MahaRERA order dated 11 July 2024 in Complaint No. CC006000000210232; relies on N. Balakrishnan vs. M. Krishnamurthy (AIR 1998 SC 3222); condonation application lacked any explanation post-MahaRERA order and post appellant's return from Auckland in August 2024; no substantial question of law.
What did the court decide?
In the light of N. Balakrishnan vs. M. Krishnamurthy, this Court examined the matter independently; ordinarily the Courts lean in favour of condonation of delay so as to advance the cause of substantive justice, the overarching principle being that procedure is the handmaid of justice and should not score a march over substantive justice.