Bombay High Court
SHAIKH NAVIS SHAIKH RAHIM AND ORS.versusUNION OF INDIA THR. ITS CHIEF SECRETARY, SOUTH BLOCK AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The Court condoned the delay and quashed the Registrar’s order rejecting the restoration of the appeal.
Summary
The appellants sought restoration of a first appeal that had been rejected by the Registrar because they failed to remove certain office objections within the prescribed time. They argued that they could not obtain certified copies of the orders, which were held by authorities in Delhi and Bombay, and therefore filed a petition for condonation of delay. The High Court accepted the explanation, condoned the delay, and set aside the Registrar’s order dated 13.01.2026. The Court directed the appellants to clear all office objections, except the one concerning the maintainability of the appeal, by 30.09.2026, leaving that issue for determination during the hearing of the appeal. It warned that failure to remove the remaining objections by the deadline would result in dismissal of the appeal without further reference to the Court.
Issues considered
- Whether the delay in filing the application for restoration of the appeal can be condoned despite the Registrar’s deadline.
- Whether the Registrar’s order rejecting the restoration of the appeal should be set aside.
Subjects
- restoration of appeal
- condonation of delay
- office objections
- maintainability of appeal
- High Court
Judgment
2026:BHC-AUG:42685
1 976-ca-9704-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 9704 OF 2026
IN FAST/36386/2025
Shaikh Navis Shaikh Rahim And Ors.
VERSUS
Union Of India Thr. Its Chief Secretary, South Block And Ors.
...
Advocate for Applicants : Mr. Kingaonkar Nandkumar Y.
...
CORAM : ROHIT W. JOSHI, J.
DATED : SEPTEMBER 11, 2026
P.C.:
1. Present application is filed for restoration of first appeal filed
by the appellants which came to be rejected vide order dated
13.01.2026 passed by learned Registrar (Judicial), since the
appellants/applicants did not remove objections within the time frame
stipulated by the Registrar (Judicial).
2. For the reasons mentioned in the application that certified
copies of the orders could not be obtained since same are possessed by
the authorities at Delhi and Bombay, application for condonation of
delay for filing the application for challenging order dated 13.01.2026
passed by learned Registrar (Judicial) is condoned and for same
reasons, application is allowed by quashing and setting aside order
dated 13.01.2026 passed by learned Registrar (Judicial).
3. The applicants/appellants are directed to remove all office
objections positively before 30.09.2026, except the objection pertaining
2 976-ca-9704-2026.odt
to maintainability of appeal. The issue of maintainability of appeal is
left open and will be decided by this Court while hearing the appeal for
admission.
4. In the event, office objections are not removed on or before
30.09.2026, the appeal shall stand dismissed without further reference
to this Court.
[ROHIT W. JOSHI J.]
Mujaheed//
Checking your session…