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Bombay High Court

SHAIKH FAIZAN SHAIKH FAROOQ.versusABHAY PLSTIC SHOP THROUGH ITS PROPRIETOR SHRI ABHAY.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court restored Civil Application No.12469/2025, condoning the delay, subject to the condition that copies be supplied for notice issuance by 05‑09‑2026.

Summary

The applicant’s earlier civil application (No.12469/2025) was dismissed because he failed to provide copies to the respondents within the two‑week period ordered on 16‑01‑2026. The applicant then filed a fresh application (No.8968/2026) seeking restoration of the dismissed case and condonation of a 157‑day delay. The court examined whether the delay could be excused and noted that the responsibility for furnishing the copies lay with the advocate engaged for the appeal. Accordingly, the court condoned the delay, restored the original application, and imposed conditions that the copies be supplied by 05‑09‑2026, notice be issued, and the matter be returnable on 05‑10‑2026. The applicant was also directed to serve the respondents by speed‑post and file an affidavit of service before the return date.

Issues considered

  • Whether a delay of 157 days in filing a restoration application can be condoned.
  • Whether the responsibility for providing copies to respondents rests with the advocate.
  • Whether a dismissed civil application can be restored subject to conditions.

Subjects

  • restoration of dismissed application
  • condonation of delay
  • civil procedure
  • service of notice
  • advocate responsibility

Judgment

                                   (1)                     908ca8968.26




      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

            908 CIVIL APPLICATION NO. 8968 OF 2026
                       IN FAST/33626/2025
                      Shaikh Faizan Shaikh Farooq.
                                                           ….Applicant
                                  VERSUS

         Abhay Plstic Shop Through Its Proprietor Shri Abhay.
                                                        …..Respondent


Mr. A. S. Kulkarni, Advocate for the Applicant

                                  CORAM : ROHIT W. JOSHI, J.
                                    DATE : 29th AUGUST, 2026


PER COURT :

1.           The Application No. 12469/2025 came to be dismissed in

view of failure on the part of the Applicant to provide the copies of the

Application to the Respondents within stipulated period of two weeks

as directed by this Court vide order dated 16-01-2026.

2.           The present Application is filed for restoration of the said

Application with a prayer for condonation of delay of 157 days caused

in filing the said application.

3.           Learned Advocate for the Applicant states that although

the order dated 16-01-2026 records that copies were to be supplied to

the Respondents, the Application had come up before the Court for the

first time and as such the order should have been for supplying copies

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to the office for issuing notice to Respondents.

4.               Having regard to the fact that, the Applicant has engaged

an Advocate for conducting the Appeal and responsibility of providing

the copies for issuance of notice to the Respondents was of the

Advocate, this Court is inclined to allow the Application. The delay of

157 days caused in filing the Application is condoned. The Civil

Application No.12469/2025 is restored subject to condition that copies

for issuance of notice to the non-applicants /respondents in the first

Appeal shall be supplied to the office positively before 05-09-2026.

5.               In the event, copies are supplied for issuance of notice

within stipulated period, issue notice to the non-applicants, returnable

on 05-10-2026.

6.               The Applicant is directed to serve the Respondents by

private mode through Speed-Post, in addition to regular mode of

service, and file an affidavit of service seven days before the

returnable date.



                                          [ROHIT W. JOSHI, J. ]
VishalK/908ca8968.26




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