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Bombay High Court

YOGESH CHANDRKANT THAKURversusMOHAN HARKCHAND BHANDARI AND ORS.

Decided
Disposal
Disposed Off

Holding

The application is allowed; the 35‑day delay is condoned and the appeal is restored to the file.

Summary

The applicant, Yogesh Chandrakant Thakur, filed an interim application seeking restoration of First Appeal (Stamp) No.14180 of 2026, which had been dismissed on 14 July 2026 for failure to remove office objections. The application was filed 35 days after the dismissal due to a software synchronization issue and personal circumstances of the counsel, V. V. Tapkir. The court examined whether the delay was excusable and whether the appeal could be reinstated. Finding that the counsel's lapse was not intentional and was adequately explained, the court condoned the delay, restored the appeal to the file, and directed removal of the office objections within four weeks. The application was subsequently disposed.

Issues considered

  • Whether a delay of 35 days in filing an application for restoration of an appeal can be condoned.
  • Whether the appeal dismissed for non‑removal of office objections may be restored on the basis of counsel’s explanation.

Subjects

  • restoration of appeal
  • office objections
  • condonation of delay
  • procedural law
  • civil appellate jurisdiction

Judgment

                      Gokhale                               1 of 3                 6-ia-7523-26


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                   INTERIM APPLICATION NO. 7523 OF 2026
                                                    IN
                                    FIRST APPEAL (ST) NO. 14180 OF 2026


                     Yogesh Chandrakant Thakur                              ..Applicant

                     In the matter between:

                     Smita Prashant Ghule & Ors.                            ..Appellants
                          Versus
                     Mohan Harakchand Bhandari & Ors.                       ..Respondents

                                                   __________
                     Mr. V. V. Tapkir for Applicant.
                                                   __________

                                         CORAM : SARANG V. KOTWAL &
                                                 RANJITSINHA RAJA BHONSALE, JJ.

                                         DATE     : 1 OCTOBER 2026
                     PC :

                     1.           This is an application for restoration of the First Appeal

                     (Stamp) No.14180 of 2026 which was dismissed vide the order

                     dated 14.07.2026 passed by the Registrar (Judicial-II) of this

                     Court, for non removal of the office objections. There is a delay of

                     35 days in filing this application.


                     2.           Heard learned counsel for the Applicant. He submitted
        Digitally
        signed by
        VINOD
VINOD   BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
        2026.10.03
        11:03:42
        +0530
                                     2 of 3                  6-ia-7523-26


that, there was a software issue and, therefore, the software which

the learned counsel’s office was using was not synchronized with

the official website of this Court. The date of listing of this Appeal

for removal of office objections was missed by the learned counsel.


3.        He further submitted that, during that period, the

learned counsel himself was to get married and, therefore, he was

in some personal difficulty, as well. In this background, the office

objections could not be removed and the Appeal stood dismissed

for non removal of office objections. In the same process, there

was a delay of 35 days in filing the present application because the

learned counsel was not aware of the order dated 14.07.2026.


4.        Considering these submissions, we are satisfied that the

lapse on the part of the learned counsel was not intentional. He

has sufficiently explained the reasons for not removing the office

objections in time.


5.        Hence, the following order:
                                        3 of 3                  6-ia-7523-26


                                          ORDER


           i)   The Application is allowed.

           ii) The delay of 35 days in filing this application is
                condoned.

           iii) The First Appeal (Stamp) No.14180 of 2026 is
                restored to its file.

           iv) The office objections shall now be removed
                within a period of four weeks from today.

           v) The Application is disposed of.




(RANJITSINHA RAJA BHONSALE, J.)                  (SARANG V. KOTWAL, J.)


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