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
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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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