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Bombay High Court

SHRI MUKUND DAMODAR MHATRE AND ORS.versusM/S. NATHURAM RAMNARAIN PVT. LTD. AND ORS.

Decided
Disposal
Allowed

Holding

The court held that it may authorize the reconstruction of a destroyed file to facilitate the removal of office objections.

Summary

The appellants, Mukund Damodar Mhatre & Ors., filed a civil appeal seeking relief after the office informed them that the original file pertaining to their case had been destroyed. The court, in an earlier order dated 6 February 2026, had granted the appellants four weeks to remove certain office objections. The appellants subsequently requested permission to reconstruct the destroyed file so that the objections could be addressed. The learned counsel for the appellants, S. M. Suryawanshi, submitted the request before the bench of Justice Jitendra Jain. The court granted permission to reconstruct the file and directed that the reconstruction and removal of office objections be completed within eight weeks from the date of the order. No substantive adjudication on the merits of the original dispute was made; the order dealt solely with procedural steps to enable the continuation of the proceedings.

Issues considered

  • Whether the court may permit reconstruction of a destroyed file for the purpose of removing office objections

Subjects

  • file reconstruction
  • office objections
  • civil appellate jurisdiction
  • procedural relief

Judgment

                          HMK                              1                     P-2. CAF-224-2022.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                            CIVIL APPLICATION NO. 224 OF 2022
         Digitally
SAYYED signed by                                            IN
SAEED SAYYED
       SAEED ALI
ALI    AHMED ALI                              REJECTED CASE NO. 525 OF 2018
AHMED Date:
       2026.02.26
ALI    15:17:53
       +0530                             [ FIRST APPEAL (ST.) NO. 16955 OF 2017 ]

                     Mukund Damodar Mhatre & Ors.                       ….Applicants/Appellants

                                Versus

                     M/s. Nathuram Ramnarain Pvt. Ltd. & Ors.   .…Respondents
                     __________________________________________________________________

                     Mr. S. M. Suryawanshi for the Applicants/Appellants.
                     __________________________________________________________________

                                                        CORAM : JITENDRA JAIN, J.
                                                        DATED : 26th FEBRUARY 2026

                     P. C. :

                     1.        Not on board, on mentioning taken on board.

                     2.        In my order dated 06th February, 2026 four weeks time was granted
                     to remove the office objections.

                     3.        The learned counsel for the applicants/appellants states that the
                     office has informed them that the file has been destroyed. Therefore, the
                     applicants/appellants seeks permission to reconstruct the file.

                     4.        Permission to reconstruct the file is granted. File should be
                     reconstructed and office objections to be removed within eight weeks from
                     today.



                                                                  [ JITENDRA JAIN, J. ]


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