Bombay High Court

ORIENTAL INSURANCE CO. LTD., MUMBAIversusSWATI SUDESH KADAM AND ORS.

Decided: 17 August 2026
Disposal: Allowed

Holding

The court held that the delay was condonable and restored the first appeal.

Summary

The Oriental Insurance Co. Ltd. filed an interim application seeking restoration of its first appeal after the appeal was dismissed for non‑appearance on 16 February 2026. The appellant argued that the delay of 106 days in filing the restoration application was unintentional, caused by the counsel’s transfer to another bench and lack of notice of the listing. The court noted that the appeal had not been decided on merits and that restoration would enable the parties to contest the substantive issues. Considering the explanations and the fact that the appeal was not adjudicated, the court condoned the delay and ordered the appeal to be restored to its original number. Consequently, the appeal was reinstated for further hearing on 15 September 2026.

Issues considered

Whether a delay of 106 days in filing an application for restoration of a dismissed appeal can be condoned.
Whether the first appeal should be restored despite the lapse in filing the restoration application.

Subjects

restoration of appeal
condonation of delay
civil appellate jurisdiction
procedural law
interim application

Judgment

                                                                                81-ia5831-26.doc

       vai

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
VASANT
ANANDRAO                           INTERIM APPLICATION NO.5831 OF 2026
IDHOL
                                                    IN
                                       FIRST APPEAL NO.1702 OF 2025
Digitally signed
                                                    IN
by VASANT                         INTERIM APPLICATION NO.13264 OF 2026
ANANDRAO
IDHOL                                             WITH
Date:                             INTERIM APPLICATION NO.13266 OF 2023
2026.08.17
20:22:36 +0530

                   The Oriental Insurance Co. Ltd.                           ...Applicant
                             V/s.
                   Swati Sudesh Kadam & Ors.                                 ...Respondents


                   Mr.Sachin Raje for the Applicant / Appellant. - The Oriental Insurance
                   Co. Ltd.

                   Ms.Namrata Gawde i/b Ms.Varsha Chavan for Respondent Nos.1 and
                   2.

                                     CORAM : PRAFULLA S. KHUBALKAR, J.
                                     DATE : 17TH AUGUST, 2026.
                   P.C. :-

                   1.           Heard learned counsel for applicant as well as respondents.

                   2.           This is an application for restoration of the First Appeal by

                   condoning delay of 106 days in filing the application for restoration.

                   3.           Learned counsel for applicant submits that the First Appeal

                   was listed before this Court on 16th February, 2026 on which date the

                   counsel was unable to attend the matter since the advocate on record


                                                       1/3
                                                           81-ia5831-26.doc

was not aware about listing of the said matter on that date. He

submits that the matter remained unattended and this Court          has

dismissed the First Appeal by an order dated 16 th February, 2026.

Thereafter, this application is filed. He states that the delay of 106

days occurred since the earlier counsel who was appearing on behalf

of the applicant had got shifted to Kolhapur Circuit Bench and the

application for restoration could not be filed within time. He

therefore, states that delay is unintentional.

4.         It has to be noted that the appeal is not decided on merits.

Hence, although the application is opposed by the counsel for

respondents, considering the reasons mentioned and submissions

advanced, the appeal needs to be restored.

5.         In view of the above, for the purpose of       enabling the

appellant to contest the appeal on merits, it is necessary that the

appeal is restored. Hence the application is allowed. Delay of 106 days

is condoned. The First Appeal be restored to its original number.


                  FIRST APPEAL (ST.) NO.19676 OD 2022


1.         Learned counsel for appellant submits that the appellant

has deposited the entire decretal amount along with interest, in

accordance with the order dated 14th July, 2025. In view of this

                                   2/3
                                                           81-ia5831-26.doc

statement, the interim relief granted by an order dated 14 th July, 2025

shall continue to operate till further orders.

2.         In view of the controversy, call for R & P from the Tribunal.

3.         List the appeal for further consideration on 15 th September,

2026.


                                         (PRAFULLA S. KHUBALKAR, J.)




                                   3/3

Continue reading with your account

Checking your session…