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. ]
Checking your session…