Bombay High Court
RELIANCE GENERAL INSURANCE COMPANY LIMITEDversusMAHENDRA SHRIPAT MANE AND ANR.
- Decided
- Disposal
- Disposed Off
- Bench
- R M JOSHI
Holding
The court condoned the delay subject to the applicant paying Rs.5,000 costs to the respondent within two weeks.
Summary
The applicant, Reliance General Insurance Co., filed an interim application seeking restoration of its first appeal, which had been dismissed because it failed to serve notice on the respondents. The dismissal occurred after a delay of 1 year and 258 days. The court considered whether the delay could be condoned in the interest of justice. It held that the delay may be condoned provided the applicant pays costs of Rs.5,000 to Respondent No.1 within two weeks; otherwise the application would be dismissed. Upon payment of costs, the appeal will be registered and the applicant must serve Respondent No.2 within four weeks. The matter was adjourned to 5 February 2026.
Issues considered
- Whether the delay of 1 year and 258 days in seeking restoration of the appeal can be condoned
- Whether the applicant should be ordered to pay costs as a condition for condonation
Subjects
- restoration of appeal
- condonation of delay
- service of notice
- civil procedure
- costs
Judgment
03-IA-38854-2025.DOC
Rekha Patil
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 38854 OF 2025
IN
FIRST APPEAL NO. 933 OF 2023
Reliance General Insurance Company Limited ...Applicant
Versus
Mahendra Shripat Mane And Anr. …Respondents
Mr. Devidas G. Bhoir i/b Pandit Kasar, for the Applicant.
Mr. T. J. Mendon, for the Respondents.
CORAM: R. M. JOSHI, J.
DATED: 8TH JANUARY, 2026.
PC:-
1. This Application is for restoration of the First Appeal, which
came to be dismissed against the Respondent Nos. 1 and 2, on
account of failure on the part of the appellant to take steps to serve
these respondents. The delay of 1 year and 258 days is sought to
be condoned.
2. Mr. Mendon, sou motu causes appearance on behalf of
respondent No.1. He opposes the Application.
REKHA
PRAKASH
PATIL
Digitally signed by
REKHA PRAKASH Page 1 of 2
PATIL
Date: 2026.01.09 th
11:00:12 +0530 8 January, 2026
03-IA-38854-2025.DOC
3. Since the Appeal came to be dismissed before service of
notice on the respondent No.2, notice of this Application to the
Respondent No.2 stands dispensed with.
4. Considering the delay, the amount of delay caused in
preferring the Application for restoration of the Appeal, in the
interest of justice, the delay is condoned subject to costs of
Rs.5,000/- payable by the Applicant/Appellant to the Respondent
No.1. Costs to be paid within a period of two weeks from today.
5. If cost is not paid this Application shall be treated as
dismissed without reference to the Court.
6. If cost is paid, the Appeal be registered.
7. Learned Counsel for the Applicant/Appellant undertakes to
take steps to serve respondent No.2, within a period of four weeks.
8. Stand over to 5th February, 2026.
( R. M. JOSHI, J.)
{
Page 2 of 2
th
8 January, 2026
Checking your session…