35-IA-175-2026=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 175 OF 2026 IN FIRST APPEAL (ST) NO. 639 OF 2026 WITH FIRST APPEAL (ST) NO. 639 OF 2026 Amol Narayan Jadhav … Applicant Vs. Devendra Baban Gharge and Anr. … Respondents …………. Mr. Aditya Ghadge h/f Avesh Ghadge for the Applicant Mr. Rushikesh Thakur h/f Sachin Phatak for Respondent No.2 – Insurance Company. …………. CORAM : SHAILESH P. BRAHME, J. DATE : 29th AUGUST, 2026. P. C. : I.A.NO. 175 OF 2026 . Heard both sides. 2. The applicant seeks to condone the delay of 6 years and 36 days in preferring the appeal against the rejection of his entire claim by the Tribunal. 3. There is no reason to infer any mala fides on the part of the applicant in preferring the application belatedly. Reliance is placed on the judgments of Supreme Court in case of Pahlad and Anr. Vs. Jagatpal Uday S. Jagtap 1 of 3 UDAY SHIVAJI JAGTAP Digitally signed by UDAY SHIVAJI JAGTAP Date: 2026.09.01 12:23:52 +0530 35-IA-175-2026=.doc & Ors. (2026) ACJ 751 and Thakor Tinuji @ Tinaji Kamshiji vs. Nanalal M. Thakker & Anr. (Civil Appeal No.3871 of 2025), decided on 24.02.2025 to buttress that the petitioner is ready to give up interest for the delayed period and, therefore, pragmatic approach be adopted. 4. The application is contested by the respondents on the ground that the reasons stated in the application are not sufficient to condone the delay. Reliance is placed on the decision of Karnataka High Court in the case of Cheluvaraju Vs. Manager, New India Assurance Co. Ltd. & Ors. (2016) ACJ 2039 to buttress that if there are lapses on the part of the appellant, then he is bound to suffer. 5. The averments of the application have gone uncontroverted. There is no reason to infer any oblique motive on the part of the applicant. The applicant is ready to give up interest for the delayed period. I prefer to rely upon the judgment cited by the applicant. The judgment cited by the respondents cannot be made applicable to the present case. The claim for interest has been waived by the applicant. It would be pragmatic to consider the first appeal on merits. 6. For the reasons stated in the application, the delay stands condoned on the condition that the applicant shall not be entitled for the interest for delayed period. Uday S. Jagtap 2 of 3 35-IA-175-2026=.doc FIRST APPEAL (ST.) NO. 639 OF 2026 7. Issue notice for disposal to the respondents returnable on 28.09.2026. 8. Mr. Thakur, learned counsel waives notice for respondent no.2. 9. Call for record and proceedings. 10. The compilation of documents of the appellant is tendered on record. ( SHAILESH P. BRAHME, J. ) Uday S. Jagtap 3 of 3