Bombay High Court

MANGALSINGH NATHU PATILversusMAHARASHTRA STATE ROAD TRANSPORT CORPORATION JALGAON

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

Delay caused by e‑filing technical glitches is condonable and the appeal must be restored, granting parity with the earlier order.

Summary

The applicant, Mangalsingh Nathu Patil, filed an application seeking recall of the Registrar's order that refused registration of his first appeal on the ground of non‑removal of objections, and also sought condonation of delay in filing a restoration application. The Court noted a prior order (Civil Application No. 5800 of 2025) where it had allowed restoration because appeals had disappeared from the e‑filing system due to technical glitches. Relying on that precedent, the Court held that the applicant was entitled to parity with the earlier case. Consequently, the delay in filing the present restoration application was condoned. The civil application for condonation of delay and the cross‑appeal were restored to their original position, and the application was thereafter disposed.

Issues considered

Whether delay in filing a restoration application caused by e‑filing technical glitches can be condoned.
Whether the order refusing registration of the first appeal for non‑removal of objections can be recalled.
Whether parity with a prior similar order warrants restoration of the appeal.

Subjects

e‑filing
technical glitch
condonation of delay
restoration of appeal
parity
civil procedure

Judgment

2026:BHC-AUG:5346

1 930.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
930 CIVIL APPLICATION NO. 4699 OF 2025
IN X-APLST/11439/2025

MANGALSINGH NATHU PATIL
VERSUS
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION JALGAON
...
Advocate for Applicant : Mr. Madhav M. Bhokarikar.
...

CORAM : SANJAY A. DESHMUKH, J.
DATE : 06th February, 2026.

P.C.:

1 Heard the learned counsel for the applicant. Perused the

application.

2 This is an application for recalling of the order of learned

Registrar (Judicial) of this Court refusing registration of the first appeal

due to non-removal of office objections and also for condonation of

delay caused in filing the present restoration application.

3 The learned counsel for the applicant has pointed out the order

dated 30th June, 2025 passed in Civil Application No.5800 of 2025, in

which this Court observed that there were some technical glitches in

the system and therefore, the appeals filed were disappeared from the

E-system. E-filing created such technical glitches and therefore,

restoration application i.e. Civil Application No.5800 of 2025 of similar

nature, was allowed by this Court vide order dated 30th June, 2025.
2 930.odt

4 Considering the same facts, the applicant is entitled for parity.

Therefore, the delay caused in filing the present restoration application

is condoned and the civil application for condonation of delay and the

cross-appeal are restored to their original position. The civil

application stands disposed of.

[ SANJAY A. DESHMUKH, J. ]
nga

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