Bombay High Court
RELIANCE GENERAL INSURANCE CO.LTD., NAVI MUMBAIversusSHRI LADUBAI SANJAY PAWAR AND ORS.
- Disposal
- Dismissed
- Bench
- M M SATHAYE
Holding
An appeal dismissed for non‑prosecution may be restored upon a successful interim application.
Summary
Reliance General Insurance Co. filed an interim application seeking restoration of its appeal, which had been dismissed for non‑prosecution. The Court considered the submissions of counsel and, finding merit in the application, allowed it. Consequently, the previously dismissed appeal was restored. The matter was then listed for further hearing on 13 January 2026. No substantive merits of the underlying dispute were addressed in this order.
Issues considered
- Whether an appeal dismissed for non‑prosecution can be restored on an interim application
Subjects
- appeal restoration
- non‑prosecution
- interim application
- civil procedure
Judgment
43-IA-11441-2025 (C).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 11441 OF 2025
IN
FIRST APPEAL NO. 753 OF 2023
Reliance General Insurance Co.ltd., Navi Mumbai ...Applicant
Versus
Shri Ladubai Sanjay Pawar And Ors. ...Respondents
Ms. Kalpana Trivedi, Advocate for the Applicant.
Mr. Yuvraj Narvankar, Advocate for the Respondent Nos.1 to 5.
CORAM : SHIVKUMAR DIGE, J.
DATE : 22nd DECEMBER, 2025.
P.C.
INTERIM APPLICATION NO. 11441 OF 2025 :
1. By this application, applicant is seeking restoration of
appeal dismissed for non-prosecution.
2. Considering the submission of learned counsel for the
applicant and for the reasons mentioned in the application,
application is allowed.
3. The appeal is restored.
FIRST APPEAL NO. 753 OF 2023 :
4. Heard learned counsel for the Appellant and Respondents.
5. Stand over to 13th January, 2026.
Digitally
signed by
SAJAKALI
SAJAKALI
LIYAKAT (SHIVKUMAR DIGE, J.)
LIYAKAT JAMADAR
JAMADAR Date:
2025.12.24
20:59:49
+0530
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