Bombay High Court
UNITED INDIA INSURANCE CO.LTD,versusMINAKSHEE PRAMOD SHELAKE AND ORS.,
- Disposal
- Disposed Off
- Bench
- M M SATHAYE
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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