Bombay High Court

THE REGIONAL MANAGER, THE NEW INDIA INSURANCE CORRECTED ASSURANCE COMPANY LTDversusDAIVSHALA DILEEPRAO GHADGE AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: KISHORE C SANT SUSHIL M GHODESWAR

Holding

The court condoned the delay and restored the first‑appeal orders to their original stage.

Summary

The High Court considered applications for condonation of delay in several first‑appeal matters where the original orders had been dismissed for default. The court examined a 103‑day delay and other procedural lapses, noting that all parties were served and present before the court. It held that the delays could be condoned for the reasons stated in the applications. Consequently, the court restored the first‑appeal orders to their original stages and ordered the matters to be placed on board. The applications were disposed with the delay condoned and the appeals reinstated for further hearing.

Issues considered

Whether the delay of 103 days in filing the application for condonation can be condoned.
Whether the first‑appeal orders dismissed for default can be restored to their original stage.

Subjects

condonation of delay
restoration of appeal
first appeal
procedural default
civil procedure

Judgment

                                  -1-

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                    958 FIRST APPEAL NO. 4785 OF 2023

            DAIVASHALA DILEEPRAO GHADGE AND OTHERS
                              VERSUS
        DIVISIONAL CONTROLLER M.S.R.T.C. BEED AND OTHERS
                               WITH
                CIVIL APPLICATION NO. 6455 OF 2024
                        IN FAST/14144/2024

        THE REGIONAL MANAGER, THE NEW INDIA INSURANCE
               CORRECTED ASSURANCE COMPANY LTD
                              VERSUS
            DAIVSHALA DILEEPRAO GHADGE AND OTHERS
                               WITH
                CIVIL APPLICATION NO. 6456 OF 2024
                        IN FAST/14144/2024

        THE REGIONAL MANAGER, THE NEW INDIA INSURANCE
               CORRECTED ASSURANCE COMPANY LTD
                               VERSUS
            DAIVSHALA DILEEPRAO GHADGE AND OTHERS
                                WITH
                CIVIL APPLICATION NO. 13147 OF 2024
                         IN FAST/24624/2024

                    THE DIVISIONAL CONTROLLER
                              VERSUS
              DAIVSHALA DILEEPRAO GHADGE AND OTHERS


Mr.Shrimant Mundhe, Advocate for the appellant in FA No.4785/2023.
Mr.A.D.Wange, Advocate for respondent No.1 in FA No.4785/2023.
Mr.Amol Chate, Advocate for respondent Nos. 3 and 4 in FA
No.4785/2023.
Mr.R.R.Imale, Advocate for respondent No.5 in FA No.4785/2023.



khs/Jan.2026/4785
                                     -2-

                      ( CORAM : KISHORE C. SANT AND
                                SUSHIL M. GHODESWAR, JJ. )

                         DATE : 8 JANUARY, 2026


PER COURT :

CA No.13147 OF 2024


1.              Heard the learned Advocate for the applicant. Issue notice

to the respondents. The respective learned Advocates waive notice for

the respective parties, for whom they are appearing in the appeal.



2.              This is an application for restoration of the order passed by

the learned Registrar (Judicial) in F.A.Stamp No.24624/2024 dated

2.11.2024, which was dismissed in default for non removal of office

objections within stipulated period.



3.              In view of the conditional order dated 12.11.2024 passed

by the learned Registrar (Judicial) and for the reasons stated in the

application, the application is allowed the delay stands condoned.

F.A.Stamp No.24624/2024 stands restored to its original position and

be kept for hearing alongwith all connected applications.



khs/Jan.2026/4785
                                      -3-

CA NO.6455 OF 2024

4.              Heard the learned Advocates for the respective parties.



5.              CA No.6455/2024 is filed for condonation of delay of 103

days.    Since all the parties are served and they are before this Court,

we are deciding this application today itself.



6.              For the reasons stated in the application, delay of 103 days

stands condoned. First Appeal Stamp No.14144/2024 be restored to its

original stage.       In view of the above, this application stands disposed

off.

CA STAMP NO.24626 OF 2024 IN FA STAMP NO.24624/2024

7.              This application is not on board. Taken on board.



8.              For the reasons stated in the application, the delay stands

condoned.           Already   in view of the order passed today in CA

No.13147/2024, FA stamp No.24624/2024 stands restored to it’s

original stage. Hence, no separate order is required. Office to complete

all the procedure of restoring the first appeals to its’ original stage.




khs/Jan.2026/4785
                                     -4-

9.              Issue notice to the respondents in all the first appeals in

this group. The respective learned Advocates appearing for the parties

in all these matters waive service of notice.



10.             Place all the first appeals in this group on board dated

20.01.2026.




     ( SUSHIL M. GHODESWAR, J.)                 ( KISHORE C. SANT, J.)




khs/Jan.2026/4785

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