Created by Fuzzy Cloud

Bombay High Court

JANKI DEEPAK KOODIYA AND ORS.versusUNION OF INDIA THROUGH GENERAL MANAGER, MUMBAI

Decided
Disposal
Disposed Off

Holding

The court allowed the interim application and restored the First Appeal to the file.

Summary

The applicants filed a First Appeal that was admitted on 2 March 2023 with a court order to file a private paper book within one year. Due to an inadvertent failure by the clerk, the private paper book was not filed, resulting in the dismissal of the appeal. On 29 August 2026 the applicants moved an interim application seeking condonation of a delay of one year and 144 days and restoration of the First Appeal. The respondent opposed the relief. The court, after reviewing the application, found sufficient cause for the delay, directed the applicants to file the private paper book within four weeks, and restored the First Appeal to the file.

Issues considered

  • Whether the court may condone a delay of one year and 144 days in filing an interim application for restoration of a First Appeal.
  • Whether the First Appeal should be restored to the file despite the earlier dismissal for non‑compliance with the private paper book deadline.

Subjects

  • condonation of delay
  • restoration of appeal
  • interim application
  • civil procedure
  • private paper book
  • procedural compliance
  • High Court of Bombay

Judgment

                                                                    1 of 2                        2.IA.38415.2025.DOC



                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                 INTERIM APPLICATION NO.38415 OF 2025
                                                                  IN
                                                     FIRST APPEAL NO.1334 OF 2022

                               Janki Deepak Koodiya and others                                       Applicants
                                            versus
                               Unon of India through General Manager                                 Respondent
                                                                 _______
                               Mr.Vasant More for Applicant.
                               Ms.Leena Patil for Respondent.
                                                                    _______

                                                           CORAM        :      AARTI SATHE, J.

                                                           DATE         :      29th August 2026

                               P.C.

                               1.           This Interim Application has been filed for condonation of delay of 1

                               year 144 days in filing present application for restoration of the First Appeal,

                               inasmuch as by a conditional order dated 2 nd March 2023, while admitting the

                               First Appeal, a co-ordinate Bench of this Court directed the Appellant to file

                               private paper book within one year from the date of the order, failing which the

                               First Appeal would stand dismissed without further reference to the Court.

                               2.           Learned counsel for the Applicant/Appellant has submitted today that

                               the aforesaid direction was not complied and hence the First Appeal came to be

                               dismissed. He has submitted in paragraph no.5 of this Interim Application that the

            Digitally signed
            by MANISH
                               concerned clerk to whom he had handed over the papers inadvertently failed to file
MANISH      SURESHRAO
SURESHRAO   THATTE
THATTE      Date: 2026.08.29
            16:27:59 +0530
                               the aforesaid private paper book within time and on account of the inadvertence,




                               M.S.Thatte
                                       2 of 2                      2.IA.38415.2025.DOC



the Interim Application came to be dismissed. He has also submitted that the First

Appeal has been admitted and the Appellant has an arguable case.

3.           Learned advocate for the Respondent has objected to the restoration of

First Appeal and condonation of delay in filing present Interim Application.

4.           I have perused the contents of the Interim Application and I am of the

view that sufficient cause has been made out to condone the delay and to restore

the First Appeal to the file.

5.           Learned counsel for the Applicant/Appellant submits that he will file

the private paper book within a period of four weeks from the date of this order,

failing with the First Appeal shall stand dismissed without further reference to the

Court.

6.           Interim Application is allowed in terms of prayer clauses (a) and (b).

The First Appeal is restored to the file.




                                                (AARTI SATHE, J.)




M.S.Thatte


Continue reading with your account

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

Sign in to read

Checking your session…

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