Bombay High Court
ASHOK MARUTI KARPEversusMISHRIMAL RIKABCHANDJI JAIN
- Decided
- Disposal
- Allowed
Holding
The order of Justice N. J. Jamadar dismissing the application is recalled, and the interim application for condonation of delay is restored.
Summary
The petitioner filed a civil revision application (Stamp) No. 19490 of 2024, which was inadvertently listed before two different judges on 18 June 2025. Justice M. M. Sathaye adjourned the matter due to lack of time, while Justice N. J. Jamadar issued an order dismissing the application for failure to furnish copies within three weeks. The petitioner subsequently filed an interim application seeking restoration of the dismissed application, arguing that the simultaneous listing and inconsistent orders created reasonable cause. The respondent opposed the restoration. The Court held that the order of Justice N. J. Jamadar was erroneous and recalled it, thereby restoring the interim application for condonation of delay and scheduling it for hearing on 5 October 2026.
Issues considered
- Whether an order dismissing an application for procedural default can be recalled when the same matter was simultaneously listed before two courts resulting in inconsistent orders
- Whether the petitioner has reasonable cause to seek restoration of the dismissed application
Subjects
- interim application
- condonation of delay
- procedural law
- conflicting orders
- restoration of application
- civil revision
Judgment
Gitalaxmi 18-IA-7381-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7381 OF 2026
IN
CIVIL REVISION APPLICATION (STAMP) NO. 19490 OF 2024
ASHOK MARUTI KARPE ...APPLICANT
IN THE MATTER BETWEEN :
ASHOK MARUTI KARPE ...PETITIONER
Versus
MISHRIMAL RIKABCHANDJI JAIN ...RESPONDENT
Mr. Sagar Gala i/b Mr. Rajesh P. Chheda, learned counsel for
the Applicant/Petitioner.
Ms. Divya D. Jain, learned counsel for the Respondent.
CORAM : ARUN R. PEDNEKER, J.
DATE : 22nd SEPTEMBER, 2026.
Per Court :
1. Heard learned counsel appearing for the parties.
2. Learned counsel appearing for the Petitioner submits that
the matter was simultaneously placed before two Courts, i.e. Shri.
Justice M. M. Sathaye as well as Shri. Justice N. J. Jamadar on 18 th
June, 2025. The matter before Shri. Justice M. M. Sathaye was not
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Gitalaxmi 18-IA-7381-2026.docx
taken up on account of paucity of time and the matter was adjourned
on 8th July, 2025. However, in the same matter, Shri. Justice N. J.
Jamadar has passed an order that ‘in the event the Applicant does
not furnish copies of the application for service on the Respondent
within a period of 3 weeks, the application would stand dismissed
without further reference to the Court’.
3. Unfortunately two inconsistent orders came to be passed as
the same application, which was listed before two Courts on 18 th
June, 2025. The Petitioner failed to furnish copies of the application,
as directed within a period of 3 weeks and the application was
dismissed.
4. Considering the peculiar facts of this case that the matter
was simultaneously placed before two Courts and two inconsistent
orders came to be passed, the Applicant has reasonable cause.
5. Learned counsel for the Respondent opposes the present
interim application for restoration.
6. Considering this aspect of the matter, the order passed on
8th July, 2025 by Shri. Justice N. J. Jamadar is recalled. The
application bearing Interim Application No. 11690 of 2024 for
condonation of delay is restored.
7. Liberty is granted to the Respondent to file reply to Interim
Application No. 11690 of 2024.
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Gitalaxmi 18-IA-7381-2026.docx
8. The present Interim Application No. 7381 of 2026 is
allowed and Interim Application No. 11690 of 2024 for condonation
of delay in filing Civil Revision Application (Stamp) No. 19490 of
2024 be listed for hearing on 5th October, 2026.
[ ARUN R. PEDNEKER, J. ]
Digitally signed
by GITALAXMI
GITALAXMI KRISHNA
KRISHNA KOTAWADEKAR
KOTAWADEKAR Date:
2026.09.23
11:05:16 +0530
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22nd SEPTEMBER, 2026
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