High Court bench dismissed an application for restoration of a Letters Patent Appeal, holding it not maintainable as the underlying appeal was dismissed for non-maintainability, not default.
Application for restoration of the Letters Patent Appeal was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
cal-16.16
sng
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.16 OF 2016 IN LETTER PATENT APPEAL NO.304 OF 2008 IN WRIT PETITION NO.3514 OF 1990
Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders.
Ms. Prachi Khandge i/b Ms. M.P. Vashi & Associates for the Applicant.
CORAM : A.S. OKA & SMT.ANUJA PRABHUDESSAI, JJ
DATED : 1ST DECEMBER 2016
P.C.:
. Heard learned counsel appearing for the
applicant. This Application is for restoration of the Letters Patent Appeal filed by the Applicant which was dismissed by an order dated 17th November 2008. The Application proceeds on the footing that the Appeal has been dismissed for default. That is the specific case made out in Paragraph 3 of the Application.
2
cal-16.16
sng
( SMT.ANUJA PRABHUDESSAI, J) (A.S.OKA, J)
1 issue framed by the court
Whether an application for restoration of a Letters Patent Appeal dismissed for default is maintainable when the appeal was actually dismissed on the ground of non-maintainability.
Mr. Sng
A.S. OKA
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court