SHAIKH FAIZAN SHAIKH FAROOQ. v. ABHAY PLSTIC SHOP THROUGH ITS PROPRIETOR SHRI ABHAY.
CA/8968/2026 · 2026-08-29
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5823 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5823 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
(1) 908ca8968.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 908 CIVIL APPLICATION NO. 8968 OF 2026 IN FAST/33626/2025 Shaikh Faizan Shaikh Farooq. ….Applicant VERSUS Abhay Plstic Shop Through Its Proprietor Shri Abhay. …..Respondent Mr. A. S. Kulkarni, Advocate for the Applicant CORAM : ROHIT W. JOSHI, J.
DATE : 29th AUGUST, 2026 PER COURT :
1. The Application No. 12469/2025 came to be dismissed in view of failure on the part of the Applicant to provide the copies of the Application to the Respondents within stipulated period of two weeks as directed by this Court vide order dated 16-01-2026.
2. The present Application is filed for restoration of the said Application with a prayer for condonation of delay of 157 days caused in filing the said application.
3. Learned Advocate for the Applicant states that although the order dated 16-01-2026 records that copies were to be supplied to the Respondents, the Application had come up before the Court for the first time and as such the order should have been for supplying copies 1 of 2
(2) 908ca8968.26 to the office for issuing notice to Respondents.
4. Having regard to the fact that, the Applicant has engaged an Advocate for conducting the Appeal and responsibility of providing the copies for issuance of notice to the Respondents was of the Advocate, this Court is inclined to allow the Application. The delay of 157 days caused in filing the Application is condoned. The Civil Application No.12469/2025 is restored subject to condition that copies for issuance of notice to the non-applicants /respondents in the first Appeal shall be supplied to the office positively before 05-09-2026.
5. In the event, copies are supplied for issuance of notice within stipulated period, issue notice to the non-applicants, returnable on 05-10-2026.
6. The Applicant is directed to serve the Respondents by private mode through Speed-Post, in addition to regular mode of service, and file an affidavit of service seven days before the returnable date.
[ROHIT W. JOSHI, J. ] VishalK/908ca8968.26 2 of 2