65-IA-7215-2026.doc vaishnavi IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7215 OF 2026 IN FIRST APPEAL (ST.) NO. 9963 OF 2025 WITH INTERIM APPLICATION 10317 OF 2025 (Not on board. Taken on board) IN FIRST APPEAL(ST) NO. 9963 OF 2025 National Insurance Co Ltd Divisional Office Kavita Vaults Complex TP Hub Aurangabad ...Appellant V/s. Maganbhai Jivanbhai Kunkana ...Respondent Mr. Amol A. Gatne, for the Appellant/Applicant. CORAM : PRAFULLA S. KHUBALKAR , J. DATE : 28 th SEPTEMBER , 2026. P.C. :- Interim Application No. 7215 of 2026: 1. This is an application for restoration of the First Appeal by condoning the delay of 223 days. 2. Heard the learned counsel for applicant. Since it is pointed out that the first appeal was dismissed for failure to supply copies and resulted nobody had appeared in the first appeal on behalf of respondents, the instant application is being considered even without 1/3 65-IA-7215-2026.doc issuing notices to the respondent. 3. The learned counsel for applicant submits that the First Appeal was filed on behalf of the insurance company and considering the contentions in the first appeal, this court had passed an order on 29th July 2025 by which notice was issued to the respondents and the impugned order was stayed subject to deposit of the entire decretal amount along with accrued interest. He submits that after this order was passed, the copies for effecting service upon the respondents were not supplied inadvertently and as a result the appeal came to be dismissed for want of prosecution. 4. He submits that the appellant insurance company desires to contest the First Appeal on merits however, since the appeal is already dismissed, the same could not be prosecuted and the respondents have already initiated execution proceedings. He submits that the appeal which was filed on several grounds needs to be heard and decided on merits. 5. As regards delay, it is submitted that the order dated 5th December 2025 passed by the Registrar - Judicial was inadvertently not taken note of and after the dismissal was known, certain time is consumed in the process of obtaining necessary approvals and permissions. He therefore states that the delay of 223 days is 2/3 65-IA-7215-2026.doc unintentional and same be condoned in the interest of justice. 6. Considering the reasons mentioned in the application and submissions advanced, it appears that the appellant had raised certain grounds in the appeal but the appeal remained to be decided on merits. Since it is desirable that the appeal be decided on merits the instant application for restoration needs to be allowed. 7. Accordingly, the delay of 223 days in filing the restoration application is condoned and the instant application is allowed. The First Appeal be restored to its original file. Interim Application No. 10317 of 2025 In First Appeal 9963 of 2025. 8. The appellant is granted four weeks time to deposit the entire decretal amount along with accrued interest before the Motor Accident Claims Tribunal and subject to this deposit, the impugned order shall remain stayed. (PRAFULLA S. KHUBALKAR, J.) 3/3