RANJANA DATTATRAY SHETE AND ORS v. SANTOSH SITARAM POTE AND ORS
IA/6954/2026 · 2026-09-23
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11077 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11077 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
LSP 1 35 ia 6954.26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Interim Application No.6954 of 2026 In First Appeal No. 924 of 2015
Smt. Ranjana Dattatray Shete and ors. … Applicants V/s. Shri Santosh Sitaram Pote and ors. … Respondents. Mr. Uday B. Nighot Advocate for the Applicants. Mr. Abhijeet Joshi Advocate for the Respondent No.4 CORAM : S.M. MODAK, J
DATE : 23rd September 2026.
P.C. :
1. Heard Mr. Nighot, learned Advocate for the Applicants/Claimants and learned Advocate Joshi for Respondent No.4-Insurance Company.
2. As per the conditional order dated 30th July 2015 the appeal was dismissed for not filing private paper-book within one year.
3. This application for restoration is filed after the delay of 9 years and 10 months. It is opposed by Mr. Joshi. The Court noting says that Respondent No.3 has expired. LATA SUNIL PANJWANI Digitally signed by LATA SUNIL PANJWANI Date: 2026.09.24 13:00:28 +0530
LSP 2 35 ia 6954.26.doc
4. It is no doubt true that the Applicants are not diligent in two ways; (i) in not filing the private paper-book in time and (ii) in not approaching Court for restoration.
5. Be that as it may, the claimant needs to be granted an opportunity to put forth their case for the reasons stated in the application. It is allowed in terms of prayer clauses (a) and (b).
6. Private paper-book be taken on record and be served on other side.
7. Considering the limited prayer, I have decided it even though no steps are taken for bringing the LRs of Respondent No.3. The Appeal is restored. The Appellants to take steps for bringing the LRs of Respondent No.3. Learned Advocate Shri Joshi waives notice for Respondent No.4.
8. Let copy of memo of appeal be served on learned Advocate Mehta for Respondent No.2. Respondent No.1 is already served by paper publication.
9. Stand over to 21st October 2026.
(S.M. MODAK, J.)