Bombay High Court

PRASHANT HARISH DIVECHAversusMUNICIPAL CORPORATION OF GREATER MUMBAI

Decided: 22 June 2026
Disposal: Allowed
Bench: ARIF S DOCTOR

Holding

The court held that sufficient cause was shown and allowed the interim applications, thereby restoring the dismissed first appeals.

Summary

The applicant filed interim applications seeking restoration of two first appeals that had been dismissed because the appellant failed to comply with a court order dated 9 December 2025. The respondent indicated it would not file an affidavit in reply. After hearing counsel and reviewing the applications, the court found sufficient cause and allowed the interim applications, restoring the appeals to the court's file on the condition that any objections be removed within two weeks. The court accepted an undertaking from the applicant’s counsel to ensure compliance. Consequently, the first appeals were reinstated and the interim applications were disposed of.

Issues considered

Whether the interim applications for restoration of dismissed appeals should be allowed despite prior non‑compliance with court directions
Whether the court may impose a condition of removal of objections within a specified period as a prerequisite for restoration

Subjects

interim application
restoration of appeal
civil procedure
court directions
undertaking

Judgment

                                          1/2                30-IA-3823-2026 (C).DOC




                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION


                      INTERIM APPLICATION NO. 3823 OF 2026
                                          IN
                            FIRST APPEAL NO. 90 OF 2020
Ramu Annappa Pujari                                                   ...Applicant
          Versus
Municipal Corporation Of Greater Mumbai                               ...Respondent
                                        WITH
                      INTERIM APPLICATION NO. 3822 OF 2026
                                          IN
                            FIRST APPEAL NO. 91 OF 2020
                                       _______
Mr. Yash Pagare i/b Smit Nagda, for the Applicant.
Mr. Pradeep Patil, for the Respondent-BMC.
                                       _______


                                                CORAM : ARIF S. DOCTOR, J.
                                                DATE    : 22nd JUNE, 2026


P.C.
1.        The Interim Applications seek restoration of the captioned First Appeals,

which came to be dismissed on the ground that the Appellant could not comply

with the directions contained in the order dated 9 th December 2025.

2.        Learned counsel appearing on behalf of the Respondent submits that the

Respondent does not wish to file any affidavit-in-reply to oppose.

3.        Having heard learned counsel and having noted the averments made in

the Interim Applications, I find sufficient cause has been shown. In my view,

therefore, the Interim Applications would have to be allowed and are




Vaibhav
                                             2/2                30-IA-3823-2026 (C).DOC



accordingly allowed in terms of prayer clauses (a) and (b) on accepting the

undertaking of learned counsel for the Applicant that objections will be removed

within a period of two weeks from today.

4.        The captioned First Appeals are restored to the file of this Court.

5.        The Interim Applications are accordingly disposed of.




                                                                   [ARIF S. DOCTOR, J.]




Vaibhav

Continue reading with your account

Checking your session…