Bombay High Court
Sharmila Ahlawat vs Rajesh Ahlawat on 18 January, 2024
Author: B.P. Colabawalla
Bench: B.P. Colabawalla
2024:BHC-AS:2653-DB
21-IA-13583-2023== FCAL-15878-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13583 OF 2023
IN
FAMILY COURT APPEAL (LODGING) NO. 15878 OF 2023
Sharmila Ahlawat ..Applicant
In the matter between :
Sharmila Ahlawat ..Appellant
Versus
Rajesh Ahlawat ...Respondent
Mr.Anuj Tiwari h/f Adv. Seema Sarnaik, Advocate for
Applicant/Appellant.
Ms.Firdaus Moosa i/b Mr.Hrishikesh Amembal, Advocate for
Respondent.
CORAM : B.P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
DATE : JANUARY 18, 2024.
PC:
1. The Interim Application is filed seeking a condonation of delay of
117 days in filing the above Family Court Appeal. The condonation of
January 18, 2024
Shraddha Talekar, PS
21-IA-13583-2023== FCAL-15878-2023.doc
delay has been vehemently opposed by the learned Advocate appearing
on behalf of the Respondent-husband.
2. The argument on behalf of the Respondent-husband is that there is
absolutely no case made out for condoning the delay and no sufficient
cause is shown, and therefore, the above application ought to be
dismissed.
3. We have heard the learned counsel appearing on behalf of the
Applicant/Appellant-wife and the Respondent-husband. We have also
carefully perused the above Interim Application. The explanation given
for the delay is set out in paragraph Nos.2, 3 and 4 of the Interim
Application. For the sake of convenience, the same are reproduced
hereunder :
2. The Applicant submits that due to her work schedule and
other family commitment, the Applicant was not able to
contact her advocate for challenging the impugned order
dated 21.10.2022 passed by the Ld. Principal Judge, Family
Court, Mumbai in Petition No. 883 of 2016. It was only after
the Applicant was served notice of the FCA No. 20 of 2023
filed by the Respondent challenging the judgment and order
dated 21.10.2022 in PA No. 597 of 2016 and PA No. 883 of
2016 was served on the Applicant on 27.03.2023, the
Applicant contacted her present Advocate on 29.03.2023, her
Advocate informed her that Appeal should have been filed
within 90 days from the date of the said order i.e. on or
before 24.02.2023. The Applicant submits that her present
Advocate also informed her that certified copies of the
common judgment and order dated 21.10.2022 and Decree
passed in PA No. 597 of 2016 and PA No. 883 of 2016 would
be required so as to file the above Appeal and for purpose of
January 18, 2024
Shraddha Talekar, PS
21-IA-13583-2023== FCAL-15878-2023.doc
computation of period of limitation without which she will
not be allowed to file the Appeal. The Applicant further
submits that her Advocate at the time of hearing of FCA No.
20 of 2023, had orally informed the Hon'ble High Court that
the Applicant is in process of filing Appeal challenging the
order dated 21.10.2022.
3. The Applicant submits that she applied for certified copy
of judgment and order dated 21.10.2022 on 06.12.2022. The
same was ready on 11.01.2023 and delivered on 12.04.2023.
There is a delay of 117 days in filing the above Appeal.
4. The Applicant submits that in the circumstances, as
stated hereinabove, the delay of 116 days has been caused
inadvertently in filing the above Appeal and the same may be
condoned. The Applicant has a good case on merits. No harm
and prejudice would be caused to Respondent if delay is
condoned. In the interest of justice, prayers prayed for be
granted. Grave harm and prejudice would be caused to
Applicant if delay is not condoned, which cannot be
compensated in terms of money.
4. We may mention that though in paragraph 3, it is mentioned that
the certified copy was delivered to the Appellant on '12 th April 2023', the
same is incorrect and the same was actually delivered on '12 th January
2024'.
5. Considering what is stated in the Application, we are satisfied that
sufficient cause is made out for condoning the delay. In these
circumstances, the delay is condoned and the Registry is directed to
number the above Family Court Appeal subject to the
Applicant/Appellant removing all other office objections, within a period
of four weeks from today, failing which, the above Family Court Appeal
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Shraddha Talekar, PS
21-IA-13583-2023== FCAL-15878-2023.doc
shall stand dismissed without further reference to the Court.
6. The Interim Application is accordingly disposed of. No order as to
costs.
7. This order will be digitally signed by the Private Secretary/Personal
Assistant of this Court. All concerned will act on production by fax or
email of a digitally signed copy of this order.
[ SOMASEKHAR SUNDARESAN, J. ] [ B.P. COLABAWALLA, J. ]
January 18, 2024
Shraddha Talekar, PS
