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Bombay High Court

SATISH NARAYAN SONIversusDipak Nagendra Singh

Decided
Disposal
Disposed Off

Holding

The court allowed the restoration application and condoned the delay, thereby setting aside the dismissal for non‑prosecution.

Summary

The applicant, Satish Narayan Soni, sought restoration of a leave to appeal that had been dismissed for non‑prosecution on 17‑12‑2025. The restoration application was filed 31 days late. The applicant’s counsel argued that the delay was due to the advocate’s illness, supported by medical documents. The respondent contended that the delay was not satisfactorily explained. The court examined the medical evidence and the extent of the delay, finding sufficient cause to condone the delay. Consequently, the court allowed the restoration application, condoned the delay, and disposed of the interim application.

Issues considered

  • Whether a delay of 31 days in filing a restoration application for leave to appeal can be condoned on the ground of the advocate’s illness.
  • Whether the dismissal for non‑prosecution can be set aside by allowing the restoration application.

Subjects

  • interim application
  • condonation of delay
  • leave to appeal
  • non prosecution
  • medical grounds
  • criminal appellate jurisdiction

Judgment

                                                                              52-IA-1868-2026.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 1868 OF 2026
                                                     IN
                           APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 2158 OF 2023

                      Satish Narayan Soni                                          ...Applicant
                                 Versus
                      Dipak Nagendra Singh                                         ...Respondent

SNEHA                                                    ****
NITIN                 Mr. Ajit Kenjale (thru VC) for the Applicant.
CHAVAN                Ms. Rashmi Tendulkar, APP for Respondent/State.
Digitally signed by
SNEHA NITIN
CHAVAN
                      Mr. Sandeep Mishra a/w Madhura Mulay i/b D.T. Tiwari for Respondent
Date: 2026.09.11
10:40:43 +0530
                      No.1.
                                                         ****

                                                    CORAM :      M.M. SATHAYE, J.
                                                      DATE :     10th SEPTEMBER, 2026
                      P.C. :


                               IA/1868/2026
                      1.             Heard learned Counsel for the parties.
                      2.             This is an application for restoration of leave application
                      which was dismissed for non prosecution on 17.12.2025. There is delay
                      of 31 days in filing the application.
                      3.             Learned Counsel for the Applicant submitted that Advocate for
                      the Applicant was not keeping well and was therefore not in a position
                      to attend the Court on 17.12.2025, resulting into dismissal for non
                      prosecution. Medical papers are placed on record in support of the
                      contention.
                      4.             On the other hand, learned Counsel for the Respondent No.1-
                      original accused submitted that delay is not properly explained.
                      5.              Considering    the extent of delay and averments in the
                      application, as well as medical record produced, sufficient cause is


                      Sneha Chavan                                                                  1
                                                     52-IA-1868-2026.doc



made out.
6.             Application   is   allowed.   Delay   is    condoned.           Interim
Application is disposed of in above terms.


               ALP/2158/2023
7.             Stand over to 24.09.2026.     To be listed for disposal after
urgent/circulated matters.


                                             (M.M. SATHAYE, J.)




Sneha Chavan                                                               2


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