Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 3769 (BOM)

JANKI DEEPAK KOODIYA AND ORS. v. UNION OF INDIA THROUGH GENERAL MANAGER, MUMBAI

IA/38415/2025 · 2026-08-29

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 of 2 2.IA.38415.2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.38415 OF 2025 IN FIRST APPEAL NO.1334 OF 2022 Janki Deepak Koodiya and others Applicants versus Unon of India through General Manager Respondent _______ Mr.Vasant More for Applicant. Ms.Leena Patil for Respondent. _______ CORAM : AARTI SATHE, J. DATE : 29th August 2026 P.C. 1. This Interim Application has been filed for condonation of delay of 1 year 144 days in filing present application for restoration of the First Appeal, inasmuch as by a conditional order dated 2nd March 2023, while admitting the First Appeal, a co-ordinate Bench of this Court directed the Appellant to file private paper book within one year from the date of the order, failing which the First Appeal would stand dismissed without further reference to the Court. 2. Learned counsel for the Applicant/Appellant has submitted today that the aforesaid direction was not complied and hence the First Appeal came to be dismissed. He has submitted in paragraph no.5 of this Interim Application that the concerned clerk to whom he had handed over the papers inadvertently failed to file the aforesaid private paper book within time and on account of the inadvertence, M.S.Thatte MANISH SURESHRAO THATTE Digitally signed by MANISH SURESHRAO THATTE Date: 2026.08.29 16:27:59 +0530 2 of 2 2.IA.38415.2025.DOC the Interim Application came to be dismissed. He has also submitted that the First Appeal has been admitted and the Appellant has an arguable case. 3. Learned advocate for the Respondent has objected to the restoration of First Appeal and condonation of delay in filing present Interim Application. 4. I have perused the contents of the Interim Application and I am of the view that sufficient cause has been made out to condone the delay and to restore the First Appeal to the file. 5. Learned counsel for the Applicant/Appellant submits that he will file the private paper book within a period of four weeks from the date of this order, failing with the First Appeal shall stand dismissed without further reference to the Court. 6. Interim Application is allowed in terms of prayer clauses (a) and (b). The First Appeal is restored to the file. (AARTI SATHE, J.) M.S.Thatte