Authority: High Court of Judicature at Bombay

Order Date: 29 September 2026

Case Overview

  • Interim Application No. 4776 of 2026 was filed in Commercial First Appeal No. 29 of 2026, arising from Commercial Summary Suit No. 426 of 2023.
  • Applicant/Appellant: M/s Riyan Paper Mills; Respondent: Sharadchandra P Shah Agency Private Limited.
  • The appeal challenges an ex‑parte judgment and decree dated 06‑Nov‑2024, which directed the applicant to pay Rs 39,73,131 with interest.
  • The applicant claimed it never received a summons, learned of the decree only on 03‑Mar‑2026 when it appeared in execution proceedings (COMM EX/2/2025) before the Court at Kathor, Surat.
  • The respondent countered that a writ of summons was duly served on 23‑Nov‑2023 at the address “Block No. 35, Revenue Survey No. 28, Near Dastan Railway Crossing, Dastan, Surat,” as evidenced by a joint affidavit of service dated 18‑Dec‑2023 and a postal tracking report.
  • The same address appears on the applicant’s letterhead, authorisation documents, and GST records, confirming it as the principal place of business.
  • Exhibit “J” showed a summons in the execution proceedings addressed to the applicant at the identical address, with a postal tracking report confirming delivery on 27‑Feb‑2026, which the applicant accepted.
  • The Court observed that the applicant accepted service for appearing in execution proceedings while denying service for resisting the decree, indicating a selective stance rather than a genuine lack of knowledge.
  • Under Section 5 of the Limitation Act, the applicant must explain the entire period of delay (1 year 88 days). The Court cited Supreme Court precedents (Shivamma (Dead) By LRs v. Karnataka Housing Board, Thirunagalingam vs Lingeswaran, Maniben Devraj Shah v. Municipal Corporation of Greater Mumbai) emphasizing that “sufficient cause” must be shown for the whole period.
  • The applicant provided only a vague, omnibus explanation without day‑to‑day particulars, which the Court found inadequate.

Final Outcome

  • The Interim Application No. 4776 of 2026 seeking condonation of delay is dismissed.
  • No costs are awarded to either party.

Topics: Civil Procedure, Condensation of Delay