Nilesh Patel vs Rohit Dhammani
2025 Latest Caselaw 3617 Chatt

Chattisgarh High Court

Nilesh Patel vs Rohit Dhammani on 11 April, 2025

                                                             1




                               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                                FA No. 81 of 2025
                   1. Nilesh Patel, S/o Shri Ishwar Patel, Aged About 52 Years, Owner Of M/s
                       Gayatri Engineering Works, Plot No. 1-114, GIDC, Vidyanagar, Anand,
                       Gujarat - 388121.
                   2. M/s Gayatri Engineering Works, Through The Owner Shri Nilesh Patel,
                       Plot No. 1-114, GIDC, Vidyanagar, Anand, Gujarat - 388121.
                                                                        ... Appellants/Defendants
                                                      versus
                   •   Rohit Dhammani, S/o Shir Mahesh Kumar Dhammani, Aged About 33
                       Years, R/o M/s Sawariya Sales Corporation, Shop No.2, Dhammani
                       Complex, In Front Of State Bank, Ramsagarpara, Raipur, District Raipur
                       (Chhattisgarh).
                                                                          ... Respondent/Plaintiff

(Cause title taken from Case Information System)

Order Sheet

11/04/2025 Mr. Palash Agrawal, counsel for the appellants.

Heard on I.A. No.1/2025, application for condonation of

delay in filing the appeal.

Counsel for the appellants would submit that delay is of 93

days only, which occurred because appellant could not arrange

required court fee in time, which is Rs.74,800/-. He further

submits that delay is not deliberate, rather it is bonafide, hence it

may be condoned.

       Digitally
DEEPTI signed
       by
JHA    DEEPTI
NIRALA JHA
       NIRALA

On due consideration and having considered the dictum of

Hon'ble Apex Court in the case of Esha Bhattacharjee Versus

Managing Committee of Raghunathpur Nafar Academy and

Others, reported in (2013) 12 SCC 649, aforesaid application is

allowed and the delay of 93 days in filing the appeal is hereby

condoned.

Heard on admission and also on I.A. No.2/2025,

application under Order 41 Rule 5 of the Code of Civil Procedure,

1908.

Issue notice to the respondent on main appeal as well as

on I.A. No.2/2025, application under Order 41 Rule 5 of the Code

of Civil Procedure, 1908, as per rules. P.F. be paid within a week.

Call for records of the concerned trial Court.

Meanwhile, purely as an interim measure, it is directed

that effect and operation of the impugned judgment and decree

dated 19.09.2024 (Annexure-A/1) passed by the learned 1 st

Upper District Judge, Raipur, District Raipur (C.G.) in Civil Suit

No.39-B/2019 shall remain stayed till the next date of hearing.

Sd/-

(Naresh Kumar Chandravanshi) Judge