Bombay High Court
UMESH SHIVLANIversusKALIANDA ACHAYA DEVAYA
- Decided
- Disposal
- DISPOSED OFF
Holding
The court allowed the interim application, condoned the delay, and restored the suit to the file subject to removal of office objections within two weeks.
Summary
The suit (L) No. 10042 of 2025 was dismissed because the plaintiff failed to remove office objections. The plaintiffs, Umesh Shivlani & Anr., filed Interim Application No. 6507 of 2025 seeking restoration of the suit. The court, after hearing counsel, condoned the 43‑day delay in filing the interim application and ordered the suit be restored to the court file. The court also warned that if the office objections are not removed within two weeks, the suit will be dismissed again. The interim application was therefore allowed and the matter disposed in accordance with the court's directions.
Issues considered
- Whether the court may condone a 43‑day delay in filing an interim application for restoration of a suit dismissed for non‑removal of office objections
- Whether the suit should be restored to the court file pending compliance with the office objections
Subjects
- civil procedure
- interim application
- restoration of suit
- office objections
- condonation of delay
Judgment
1/2 902-IA-6507-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 6507 OF 2025
IN
SUIT (L) NO. 10042 OF 2025
Umesh Shivlani & Anr. ...Applicants
Versus
Kalianda Achaya Devaya ...Defendant
_______
Mr. Sarthak Utangale i/b Mr. Rishabh Batadra for the Applicant.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 10th SEPTEMBER, 2026
P.C.
1. This Interim Application seeks restoration of the captioned Suit, which
came to be dismissed for non-removal of office objections. A copy of the Interim
Application has been duly served upon the Defendant. Despite service, none has
appeared on behalf of the Defendant.
2. Having heard learned Counsel and having perused the Interim
Application, I am of the view that the same deserves to be allowed in the
substantive interest of justice. Accordingly, the Interim Application is allowed in
terms of prayer clauses (a) and (b), which read thus:
“(a) This Hon’ble be pleased to condone the delay of 43 days in filing the
present Application;
(b) this Hon’ble Court be pleased to restore the Suit herein to its file;”
3. It is clarified that, in the event the office objections are not removed
Areeb
2/2 902-IA-6507-2025.DOC
within a period of two weeks from today, the Suit shall stand dismissed without
any further reference to the Court.
4. The Interim Application is accordingly disposed of in the above terms.
[ARIF S. DOCTOR, J.]
Areeb
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