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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