MAYSARAH PROPERTIES PVT.LTD. THR. ITS MANAGING DIR.ASHUTOSH CHANDRA v. ARUN DAMJI GADA SOLE PROP. NOVA NIRMAN MIGAM AND DIVYA DEVELOPMENTS
IA/7004/2026 · 2026-09-16
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8747 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8747 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
6-IA-7004-2026 COPY.DOCX IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7004 OF 2026 IN APPEAL FROM ORDER ST. NO. 22153 OF 2026
Maysarah Properties Pvt. Ltd. Thr. Its Managing DIR Ashotosh Chandra ...Applicant(s) Versus Arun Damji Gada Sole Prop. Nova Nirman Nigam and Divya Developments ...Respondent(s) ______ Mr. Shlok Paresh a/w Mr.Shivam Singh Deshmukh, Mr. Dwarkesh Chavda, Ms. Yamini Barat and Mr. Himanshu Agrawal, Advocates for the Applicant. Ms. Usha S. Agrawal, Advocate for Respondent No. 1. Ms. Kausar B. a/w Ms. Riya Thakkar a/w Mr. Sanjay Maji i/b Mr. Tushar Goradia, Advocates for Respondent No. 2. Mr. Mohammedriyaz Khan i/b J. Ansari, Advocate for Respondent No. 3. Ms. Neeta Jadhav i/b Ms. Komal Punjabi, Advocate for Respondent No. 4-BMC. _______ CORAM:
AARTI SATHE, J. DATE:
16th SEPTEMBER, 2026 P.C.
1. Heard learned counsel for the parties on this Interim Application which is filed praying for condonation of delay of 13 days in filing the Appeal from Order bearing St. No. 22153 of 2026.
2. There is no written opposition filed to this Application. Learned counsels appearing on behalf of the Respondent Nos. 1, 3 and 4 although have
6-IA-7004-2026 COPY.DOCX orally opposed this Application vehemently, they would not dispute the well settled position in law in a catena of judgments of the Supreme Court in regard to the principles to be followed on condonation of the delay and more particularly they would not dispute that, in the clear facts and circumstances of the case, as set out in the memo of the Application, the Applicant ought not to suffer or be rendered remediless in pursuing the Appeal From Order.
3. In the aforesaid circumstances, having perused the memo of the Application and considering the period of delay not being very gross, in my opinion, the reasons as set out certainly provide for an appropriate justification and a sufficient cause shown by the Applicant in regard to the delay in filing the Application. It is hence in the interest of justice that the delay is condoned.
4. The Interim Application is hence allowed in terms of prayer clause (A).
5. Interim application stands disposed of in the above terms. No costs.
(AARTI SATHE, J.) Tiwari