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Bombay High Court

SHRI D.D.KULKARNIversusUNION OF INDIA AND ANR

Decided
Disposal
Disposed Off

Holding

The Court set aside the Registrar's dismissal order, restoring the appeal and related proceedings subject to the applicant removing the office objections within two weeks.

Summary

The applicant, Shri D.D. Kulkarni, filed an interim application challenging the Registrar's order dated 27 January 2026 that dismissed his appeal for failure to remove office objections. The applicant's counsel, Ms. Fatima Lakdawala, submitted an explanation (paragraphs 2‑4 of the interim application) justifying the delay in removing the objections. The Court found the explanation to constitute sufficient cause and accepted it. The applicant undertook to remove the office objections within two weeks, an undertaking the Court accepted. Consequently, the Registrar's dismissal order was set aside and the appeal, along with a pending condonation of delay application, was restored to the court's record. The interim application was disposed of, with the matter listed for further hearing after the objections are cleared.

Issues considered

  • Whether the Registrar's order dismissing an appeal for non‑removal of office objections can be set aside on the basis of the applicant's explanation.
  • Whether the applicant's undertaking to remove the objections within a specified period suffices to revive the appeal and related applications.

Subjects

  • interim application
  • office objections
  • appeal dismissal
  • condonation of delay
  • procedural law
  • court registry order

Judgment

           Digitally
           signed by
           MAYUR
MAYUR      KONDIRAM
KONDIRAM   ADANE
ADANE      Date:
           2026.09.03
           15:17:57
                                                                          15-IA-6692-2026.DOC
           +0530




                                                                                        Mayur

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION


                                    INTERIM APPLICATION NO. 6692 OF 2026
                                                         IN
                                          FEMA(ST) NO. 38046 OF 2025


                        Shri D.D.kulkarni                                       …Applicant
                              Versus
                        Union Of India And Anr                               …Respondents


                        Ms. Fatima Lakdawala, for the Applicant.


                                             CORAM:        SUMAN SHYAM &
                                                           ADVAIT M. SETHNA, JJ.
                                             DATED:        2nd SEPTEMBER 2026.
                        PC:-


                        1.     This Interim Application is preferred against the order dated

                        27th January 2026 passed by the Registrar (Judicial-II) of this

                        Court, whereby the Appeal preferred by the Applicant came to be

                        dismissed, on account of non-removal of office objections.

                        2.     Ms. Fatima Lakdawala, learned Counsel appearing for the

                        Applicant, has drawn the attention of the Court to the explanation

                        set out in paragraphs 2 to 4 of the Interim Application, justifying




                                                      Page 1 of 2
                                                     15-IA-6692-2026.DOC




the reasons for non-removal of the office objections. The

explanation set out therein, in our view, constitute sufficient cause

and is accordingly accepted.

3.     Learned Counsel for the Applicant further undertakes that

the office objections shall be removed within a period of two weeks

from today. The said statement is accepted as an undertaking to

the Court. Accordingly the order dated 27th January 2026 of the

Registrar (Judicial - II) is set aside.

4.     Subject to removal of the office objections within the

stipulated period, the proceedings, including the Appeal and the

Interim Application (ST) No.38045 of 2025 seeking condonation of

delay, shall stand restored to the record/file of this Court.

5.     This Appeal along with the Interim Application for

condonation of delay be listed thereafter.

6.     The captioned Interim Application No. 6692 of 2026 stands

Disposed of in the above terms.




(ADVAIT M. SETHNA, J.)                          (SUMAN SHYAM, J.)




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