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2025 DAILYLAW 41370 (BOM)

SMT. PARVATIBAI SHANKARRAO KINGI AND ORS. v. DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION AND ORS.

CAF/2170/2018 · 2025-03-04

Sharmila U Deshmukh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

83 Caf-2170-2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2170 OF 2018 IN FIRST APPEAL (St.) NO. 7 OF 2014. Parvatibai Shankarrao Kingi and Others ...Applicants. Versus Director, Employees State Insurance Corporation and Another ...Respondents. —————— Mr. Shrishail Sakhare for the Applicant. —————— Coram : Sharmila U. Deshmukh, J. Date : 4th March, 2025. P. C. : 1. Civil Application has been preferred seeking restoration of First Appeal by recalling the conditional order dated 2nd May, 2014 dismissing the Appeal for non-removal of ofoce objections. 2. Learned counsel appearing for the Applicant submits that due to inadvertent oversight on the part of Advocate, ofoce objections could not be removed within time. He submits that by virtue thereof, conditional order dated 2nd May, 2014 came into effect and registration of Appeal stood rejected for non-removal of ofoce objections. He submits that as the same was not noticed, there is delay of 82 days caused in preferring the present Application. Sairaj 1 of 2 83 Caf-2170-2018.doc 3. For default on the part of Advocate, litigant cannot be made to suffer. It is a duty of Advocate-on-record to ensure that First Appeal is duly registered by complying with all ofoce requisitions. In the present case, apparently the conditional order was not complied with and therefore, for non-removal of ofoce objections, First Appeal itself came to be dismissed. 4. For the reasons stated above, conditional order dated 2nd May, 2014 is recalled subject to removal of ofoce objections within a period of three weeks from today. 5. First Appeal is restored to file. 6. List on 25th March, 2025. [Sharmila U. Deshmukh, J.] Sairaj 2 of 2