Bombay High Court
THE NEW INDIA ASSURANCE CO.LTD.versusSUNITA ANIL POL AND ORS.
- Decided
- Disposal
- Dismissed
Holding
The court held that the delay in filing the restoration application cannot be condoned as the appeal no longer had any surviving issue.
Summary
An application was filed seeking restoration of an appeal that had been dismissed for failure to remove an objection. The appeal concerned an order passed under Section 140 of the Motor Vehicles Act, 1988. The applicant argued that the delay in filing the restoration application should be condoned. The court observed that the main matter underlying the appeal had already been decided, leaving no surviving issue for the appeal. Consequently, the court held that the delay could not be condoned and dismissed the application for restoration.
Issues considered
- Whether the court should condone the delay and restore an appeal that has been dismissed for non‑removal of an objection when the substantive matter has already been decided
Legislation cited
- Motor Vehicles Act, 1988 — s. 140
Subjects
- restoration of appeal
- delay condonation
- Motor Vehicles Act
- Section 140
- Civil Procedure
Judgment
Sneha Bang 1 33.CAF-3618-2009.doc
Digitally
signed by
SNEHA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SNEHA JAYPRAKASH
JAYPRAKASH BANG
BANG Date:
2026.06.22
CIVIL APPELLATE JURISDICTION
18:38:34
+0530
CIVIL APPLICATION IN FIRST APPEAL NO. 3618 OF 2009
IN
FIRST APPEAL 334 OF 2002
The New India Assurance Co. Ltd. …. Applicant/Appellant
Versus
Sunita Anil Pol & Ors. .… Respondents
__________________________________________________________________
Mrs. Jyoti Bajpayee & Renuka Yadav for Applicant/Appellant.
__________________________________________________________________
CORAM : JITENDRA JAIN, J.
DATED : 22nd JUNE 2026
P. C. :
1. This application is filed for restoration of the appeal which was
dismissed for non-removal of objection. There is a delay in filing application
for restoration. The present appeal challenges order passed under Section
140 of the Motor Vehicles Act, 1988. Meanwhile pending the said appeal,
the main matter has already been decided. In the light of this fact, nothing
survives in appeal filed against an order under Section 140 of the said act
and, therefore, the delay is not condoned.
2. Civil Application No. 3618 of 2009 is dismissed.
[ JITENDRA JAIN, J. ]
Checking your session…