The Single Judge dismissed an interim application for restoration of a Second Appeal dismissed in 2008. The Appellant failed to cite any ground or explanation for the 12-year and 6-month delay, leading the Court to dismiss the application without merits.
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3-IA-571-2020.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 571 OF 2020 IN
SECOND APPEAL NO. 250 OF 2007
Maharashtra State Co-Op. Marketing
Federation Ltd. Bombay
… Appellant
V/s.
Anandrao Haribhau Rabade
… Respondent
Ms.Shraddha Chheda i/b. M/s. Navdeep Vora & Associates for Appellant.
Mr.Shankar P. Thorat for Respondent No.1.
CORAM : A.S. GADKARI, J.
DATE : 20th October 2021.
P.C. :
1. This is an application for restoration of Second Appeal No.250 of
2007, which was dismissed for non compliance of conditional Order dated
30th July 2007 passed by this Court.
There is a delay of 12 years and 6 months in preferring the
present application.
Last para of the said Order dated 30th July 2007 reads as under.
“R & P be called. Printing is dispensed with. The appellant
is directed to file a private paper book within eight months
from today, failing which the appeal shall stand dismissed
for non prosecution without further reference to the court.
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Liberty to the parties to mention for fixed date of hearing
only after filing of the paper book and R and P is received.”
2.As per the said Order, the Appellant was supposed to file paper-
book in the Registry of this court on or before 30th March 2008, however the
same was not filed and the said Second Appeal stood dismissed for non
compliance of the said Order.
3.Learned counsel for the Applicant-original Appellant submitted
that, as a matter of fact the Advocate for the Appellant had submitted the
paper-book in the Registry of this Court though belatedly on 29th July 2008
and therefore it amounts to acceptance of the said paper-book by the Registry
within stipulated period. The said submission is recorded only for its rejection
at its threshold for a plain and simple reason that, after dismissal of the said
Appeal on 30th March 2008, the concerned Assistant Registrar or any other
staff from the Registry without verifying the said fact of dismissal of the said
Appeal, ought not to have accepted the paper-book and his/her acceptance of
the same after dismissal of the Appeal is without authority and permission by
this Court. Therefore the said submission cannot be accepted.
4.The Respondent has filed elaborate Affidavit-in-Reply dated 30th
July 2021 opposing the present application.
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5.A bare perusal of the application would indicate that, no ground
least to say any sufficient ground explaining such an inordinate and colossal
delay has been mentioned by the Applicant/Appellant in the Application. The
Applicant/Appellant has not offered any explanation least to say satisfactory
and proper explanation for condonation of such a colossal and inordinate
delay of 12 years and 6 months in preferring the present application.
6. Application is without merits and is accordingly dismissed in
limine.
[A.S. GADKARI, J.]
Digitally signed by OMKAR OMKAR SHIVAHAR SHIVAHAR KUMBHAKARN KUMBHAKARN Date: 2021.10.21 15:21:47 +0530
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1 issue framed by the court
Whether the inordinate delay of over 12 years in filing an application for restoration of a dismissed appeal can be condoned without any explanation.
Maharashtra State Co-Op. Marketing Federation Ltd. Bombay
Anandrao Haribhau Rabade
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court