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2024 DAILYLAW 2392 (BOM)

M/S. RUBY BUILDERS v. SHRI. RAVI UDAYRAJ PANDEY AND ANR

IA/12752/2024 · 2026-08-31

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Judgment text

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Gitalaxmi 18-IA-12752-2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12752 OF 2024 IN CIVIL REVISION APPLICATION (STAMP) NO. 17700 OF 2024 M/S. RUBY BUILDERS ...APPLICANT IN THE MATTER BETWEEN : M/S. RUBY BUILDERS ...APPLICANT Versus SHRI. RAVI UDAYRAJ PANDEY AND ANOTHER ...RESPONDENTS Mr. Pradeep Thorat i/b Ms. Aditi Naikare, Advocate for the Applicant. Mr. Sushil S. Upadhyay i/b Mr. Ashok Saraogi, Advocate for Respondent No. 2. CORAM : ARUN R. PEDNEKER, J. DATE : 31st AUGUST, 2026. Per Court : 1. Heard learned counsel appearing for the parties. 2. Perused the application for condonation of delay in filing Civil Revision Application (Stamp) No. 17700 of 2024, as the said Revision Application is filed with the delay of 265 days. The 31st AUGUST, 2026 Gitalaxmi 18-IA-12752-2024.docx application states that the Applicant was not informed within time by the learned Advocate, as regards dismissal of the Revision Application. Revision Application was dismissed by order on 5th July, 2023; learned Advocate had applied for certified copy of the order on 11th July, 2023 and the same was received on 21st February, 2024. The certified copy was ready on the same day, however, was not collected immediately and learned Advocate neither informed about the dismissal of the Revision Application and nor he provided the certified copy of order till April, 2024. 3. Considering that the substantial rights of the parties would be defeated, this Court by considering the judgment of Hon’ble Supreme Court in the case of Esha Bhattacharjee v/s. Managing Committee of Raghunathpur Nafar Academy1, condone the delay. 4. Interim Application No. 12752 of 2024 stands disposed of accordingly. 5. List this matter on 7th September, 2026 for consideration on merits. [ ARUN R. PEDNEKER, J. ] 1 (2013)12 Supreme Court Cases 649. 31st AUGUST, 2026 GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.09.02 19:26:43 +0530