Created by Fuzzy Cloud

Bombay High Court

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

Decided
Disposal
Allowed

Holding

The appeal is restored, and procedural deadlines are extended as ordered.

Summary

The applicant, Samiuddin Jamaluddin Shaikh, filed an interim application seeking restoration of Appeal No. 330 of 2026, which had been dismissed for failing to comply with directions issued on 22 June 2026. The court examined whether the application was filed within the prescribed limitation period and considered the reasons provided for the non‑compliance. Finding that the application was timely and the reasons were satisfactory, the bench allowed the restoration. Consequently, the court extended the deadline for submitting spare copies to the registry by two weeks and extended the returnable date for service of notice on the Union of India by six weeks. The order was signed by Justices A.S. Gadkari and Kamal Khata.

Issues considered

  • Whether the appeal dismissed for non‑compliance can be restored under the limitation provisions
  • Whether the reasons given for non‑compliance justify granting relief

Subjects

  • restoration of appeal
  • criminal appellate jurisdiction
  • procedural compliance
  • limitation period
  • court directions

Judgment

TRUPTI
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2026.10.06
17:23:52 +0530
                               TSB                                              24-ia-2984-2026.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO. 2984 OF 2026
                                                              IN
                                                  APPEAL NO. 330 OF 2026
                      Samiuddin Jamaluddin Shaikh                                 … Applicant
                               V/s.
                      Union of India & Anr.                                       … Respondents



                      Mr. Kamran Shaikh for the Applicant.
                      Mr. Shrikant V. Gavand, 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. 330 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

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

                      Bombay High Court.

                                                                                                      1/2
     TSB                                               24-ia-2984-2026.doc

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.)




                                                                             2/2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.