: 1 : 15-NMA-1510-17-OS.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1510 OF 2017 IN APPEAL [LODGING] NO.96 OF 2016 IN NOTICE OF MOTION [LODGING] NO.2448 OF 2016 IN SUIT NO.471 OF 2016 Ashiq A. Merchant …..Applicant IN THE MATTER BETWEEN Ashiq A. Merchant …..Appellant Versus Maneesh Bawa and others .….Respondents ----- Mr. Khan Javed Akhtar, Advocate i/b. YMK Legalfor the Applicant. Mr. Aditya Mehta, Advocate a/w. Jay Sanklecha, Nikita Mishra, Aanchal Maheshwari i/b. M/s. Rashmikant and Partners for the Respondent Nos.1 to 3. ----- CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 14th OCTOBER, 2026 P.C. : 1. This Motion is taken out for restoration of the Appeal and for condonation of delay of 104 days in filing this Motion. 1 of 3 Deshmane(PS) : 2 : 15-NMA-1510-17-OS.odt 2. Heard Mr. Khan Javed Akhtar, learned counsel for the Applicant and Mr. Aditya Mehta, learned counsel for the Respondent Nos.1 to 3. 3. The Appeal was dismissed pursuant to the order dated 27.4.2017 passed by the Prothonotary and Senior Master of this Court. The Appellant and / or their Advocates were directed to remove the office objections on or before 18.5.2017, failing which the Appeal was to stand rejected. The office objections were not removed. Consequently, the Appeal stood rejected. In this background, the present Notice of Motion is preferred with the above mentioned prayers. 4. The learned counsel for the Applicant states that the order was passed on the verge of the Summer Vacation and the objections were to be removed during the Vacation. It could not be done. There was no deliberate intention on the part of the learned counsel for the Applicant and, therefore, there was inadvertent lapse. 2 of 3 : 3 : 15-NMA-1510-17-OS.odt 5. Considering these submissions, we are inclined to allow this Motion, though it is objected to by the learned counsel for the Respondent. The delay of 104 days caused in filing this Motion is condoned. The Appeal is restored to its file. The office objections be removed within a period of eight weeks from today. It is made clear that all contentions of both the parties in the Appeal are left open. 6. Notice of Motion is disposed of accordingly. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) 3 of 3 PRADIPKUMAR PRAKASHRAO DESHMANE Digitally signed by PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2026.10.16 18:52:39 +0530