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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