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Bombay High Court

SAMIUDDIN JAMALUDDIN SHAIKH THROUGH HIS POA ZAKIUDDIN JAMALUDDIN SHAIKHversusUNION OF INDIA AND ANR

Decided
Disposal
Allowed

Holding

The appeal is restored as the application was filed within the limitation period and sufficient reasons were shown for the earlier non‑compliance.

Summary

The applicant, Samiuddin Jamaluddin Shaikh, filed an interim application seeking restoration of Appeal No. 331 of 2026, which had been dismissed for failure to comply with the directions in paragraph 3 of the Order dated 22 June 2026. The court examined whether the application was filed within the prescribed limitation period and whether the reasons advanced justified restoration. It was found that the application was indeed filed within the limitation period and the applicant had provided satisfactory reasons for the non‑compliance. Consequently, the court allowed the application, extending the time to submit spare copies in the Registry by two weeks and extending the returnable date of service of notice on the respondent by six weeks. The order thereby reinstates the appeal and provides additional time for procedural compliance.

Issues considered

  • Whether the interim application for restoration of a dismissed appeal filed within the limitation period can be allowed despite prior non‑compliance with court directions.

Subjects

  • restoration of appeal
  • procedural compliance
  • limitation period
  • criminal appellate jurisdiction
  • interim application

Judgment

TRUPTI
SADANAND
BAMNE

Digitally signed by
TRUPTI
                               TSB                                              23-ia-2975-2026.doc
SADANAND
BAMNE
Date: 2026.10.05
12:41:43 +0530
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO. 2975 OF 2026

                                                              IN

                                                  APPEAL NO. 331 OF 2026

                      Samiuddin Jamaluddin Shaikh                                 … Applicant
                               V/s.
                      Union of India & Anr.                                       … Respondents



                      Mr. Kamran Shaikh for the Applicant.
                      Mrs. P.P.Shinde, APP, for the Respondent -State.




                                                        CORAM :   A. S. GADKARI AND
                                                                  KAMAL KHATA, JJ.
                                                           DATE : 1st October, 2026

                      P.C.:-

                      1)              This is an Application for restoration of Appeal No. 331 of

                      2026, which was dismissed for non compliance of the directions issued in

                      paragraph No. 3 of Order dated 22nd June, 2026.

                      1.1)             Present Application is filed within the period of limitation.

                      2)               In view thereof and for the reasons stated in the Application,

                      Application is allowed in terms of prayer clause (a).

                      3)              Period to supply spare copies in the Registry is extended by two



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     TSB                                               23-ia-2975-2026.doc

weeks from the date of uploading of present Order on the official website of

Bombay High Court.

4)         As a consequence thereof, the returnable date of service of notice

upon Respondent No.1 is extended by six weeks.




           (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)




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