Bombay High Court

PUNDALIK TUKARAM PARKARversusGOPINATH VISSU ARSEKAR (DECEASED) THROUGH LRS

Disposal: Allowed

Holding

The Court held that the appeal shall be restored upon payment of the pending process fees.

Summary

The applicant, Pundalik Tukaram Parkar, sought restoration of First Appeal No. 91 of 2015 after the process fees were not paid on time due to a mistake by his advocate. The High Court examined whether the procedural lapse could be condoned. Relying on principles of natural justice and the need to prevent undue prejudice, the Court held that the fee default could be remedied. Consequently, the Court allowed the application, directing the applicant to pay the outstanding process fees within two weeks. Upon payment, the appeal will be reinstated and notice issued to the respondents.

Issues considered

Whether a failure to pay process fees on time, caused by an advocate's mistake, warrants condonation and restoration of the appeal.

Subjects

process fees
procedural default
restoration of appeal
advocate mistake
civil procedure

Judgment

                                                          21 MCA 197 2022

                          Meena

                                   IN THE HIGH COURT OF BOMBAY AT GOA
                                       MISC.CIVIL APPLICATION NO.197 OF 2022
                                                        IN
                                            FIRST APPEAL NO.91 OF 2015
                    PUNDALIK TUKARAM PARKAR                                    ... APPLICANT
                      Versus
                    GOPINATH VISSU ARSEKAR (DECEASED)
                    THROUGH LRS                                                 ... RESPONDENTS


                    Ms Sailee Kenny and Ms. Neelam Patil, Advocates for the
                    Applicant.
                    Ms. Divya Parab, Advocate (through VC) for the Respondents
                    No.1.1 to 1.6, 5 and 6.


                                              CORAM:- VALMIKI MENEZES, J.
                                              DATED :- 1st October, 2026

                    P.C.:
                    1.           For the reasons stated in the application, which are that the
                    process fees were not paid on time due to the mistake of the
                    Advocate, the Application is allowed. First Appeal No. 91 of 2025
                    shall stand restored to the file. The process fees to serve all the
                    Respondents shall be paid within two weeks from today. If the
                    process fees are paid, notice after admission to be issued to the
                    Respondents, returnable on such date as the Registry fixes.



                                                                     VALMIKI MENEZES, J.



Signed by: MEENA VISHAL BHOIR
Designation: Private Secretary
                                                             Page 1 of 1
Date: 03/10/2026 12:37:20
                                                           1st October, 2026

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