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
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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
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