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Bombay High Court

UNITED INDIA INSURANCE CO.LTD,versusMINAKSHEE PRAMOD SHELAKE AND ORS.,

Disposal
Disposed Off

Holding

The court allowed the application, restoring the first appeal for hearing.

Summary

The applicant, United India Insurance Co. Ltd, filed an interim application seeking restoration of its first appeal (No. 1932 of 2010) which had been dismissed for default on 15-12-2025. The application was filed immediately thereafter, within the prescribed time. The court examined the averments and found that sufficient cause was shown for restoration. Accordingly, the court allowed the application and ordered that the first appeal be restored for hearing. The appeal was scheduled for final disposal on 07-04-2026.

Issues considered

  • Whether the appellant's interim application for restoration of a dismissed appeal filed within the stipulated time is maintainable
  • Whether sufficient cause exists to justify restoration of the appeal dismissed for default

Subjects

  • restoration of appeal
  • default dismissal
  • civil procedure
  • High Court of Bombay

Judgment

                                                                                        38-IA-11467-2025.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO. 11467 OF 2025
                                                           IN
                                              FIRST APPEAL NO. 1932 OF 2010

                      United India Insurance Co. Ltd,                             … Applicant/
                                                                                  Appellant
                                                   Versus
                      Minakshee Pramod Shelake And Ors.,                          … Respondents
                                                    ***
                      Mr. K. N. Kandekar (Through VC) for the Applicant.
                      Mr. Jayant Bardeskar For Respondents.
                                                    ***
                                                                 CORAM     :   M. M. SATHAYE, J.
                                                                 DATE      :   4th March, 2026.

                      P. C. :

                      1.        Heard learned Counsel for the parties.
                      2.        This is an Application for restoration of admitted First Appeal which
                      was dismissed for default on 15.12.2025. The Application is immediately
                      filed thereafter within time. Learned Counsel for the Respondent-Claimants
                      are present before the Court.
                      3.        Considering the averments in the Application, sufficient cause is made
                      out. The Application is allowed. First Appeal is restored for hearing in
                      accordance with law.
                      4.        Place the First Appeal No. 1932 of 2010 for final disposal on
                      07.04.2026 after urgent / circulated matters.

         Digitally
         signed by

TALLE
         TALLE
         SHUBHAM
                                                                          [ M. M. SATHAYE, J. ]
SHUBHAM ASHOKRAO
ASHOKRAO Date:
         2026.03.04
         16:55:20
         +0530



                      Shubham                                1


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