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Bombay High Court

SHRI. KRISHNA RAMCHANDRA KENI ALLIAS BHADARIversusMUNICIPAL CORPORATION OF GREATER BOMBAY

Decided
Disposal
Disposed Off

Holding

The Court ordered the restoration of the first appeal and the civil application upon the applicant's undertaking to pay the costs.

Summary

The applicant, Krishna Ramchandra Keni, filed a first appeal (St) No.12531 of 2018 and a civil application No.3588 of 2018 against the Municipal Corporation of Greater Mumbai, which were dismissed for non-payment of costs. The applicant filed an interim application seeking restoration of the dismissed proceedings, assuring immediate payment of the costs upon restoration. The learned counsel for the applicant confirmed that the cost would be paid once the appeal is restored, noting that payment could not be made until restoration. The High Court, after considering the request, ordered the restoration of both the first appeal and the civil application. The interim application was thereafter disposed of.

Issues considered

  • What is the appropriate procedure for restoring a dismissed appeal when the dismissal is due to non-payment of costs?

Subjects

  • restoration of appeal
  • cost payment
  • Civil Procedure Code
  • High Court of Bombay
  • interim application

Judgment

                      Sayyed                                                      13-IA.1108.2026.doc


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

SAYYED
         Digitally
         signed by
                                    INTERIM APPLICATION NO.1108 OF 2026
SAEED    SAYYED
         SAEED ALI                                   IN
ALI      AHMED ALI
         Date:
AHMED    2026.02.13                  FIRST APPEAL (ST) NO.12531 OF 2018
ALI      16:26:29
         +0530




                      Krishna Ramchandra Keni @ Bhadari            ...Applicant/Appellant
                            Versus
                      Municipal Corporation of
                      Greater Mumbai                               ...Respondent
                            _____________________________________________________
                      Mr. P. B. Shah a/w Mr. Sandeep Patode for the Applicant/Appellant.
                      Ms. Pallavi Khale i/by Ms. Komal Punjabi for the Respondent-MCGM.
                             _____________________________________________________

                                                      CORAM :        JITENDRA JAIN, J.
                                                      DATE       :   12 FEBRUARY 2026
                      P.C.:

                      1.       This application is made for restoration of First Appeal (St)
                      No.12531 of 2018 alongwith Civil Application No.3588 of 2018 which
                      was dismissed for non-payment of cost.


                      2.       The learned counsel for the applicant-appellant states that he
                      will immediately pay the cost on restoration of this appeal since unless
                      the appeal is restored costs will not be accepted. The said request is
                      accepted. First Appeal (St) No.12531 of 2018 and Civil Application
                      No.3588 of 2018 are restored.


                      3.       Interim Application is disposed of.



                                                                      [ JITENDRA JAIN, J. ]




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