Allowed

Sheikh Amin Akhtar and Anr. v. the State of Maharashtra and Ors.

Bombay HC6 Sept 2024IA/12560/2024

Case brief

AI extract

What is this about?

An interim order restoring a dismissed Letters Patent Appeal that was set aside due to non-appearance of the appellant's counsel, allowing restoration upon concurring delay due to non-appearance of counsel.

What did the court decide?

Allowed the interim application, recalled the order dated 14/02/2024, restored the Letters Patent Appeal, and condoned the delay.

Sheikh Amin Akhtar and Anr. vs the State of… — Civil Procedure and Limitation | Bombay HC (2024)

¶1

1/2 903 IA-12560-24.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

MANDIRA MILIND Digitally signed by MANDIRAMILIND SALGAONKAR SALGAONKAR Date: 2024.09.06 21:47:16 +0530

¶4

CIVIL APPELLATE JURISDICTION

¶5

INTERIM APPLICATION NO.12560 OF 2024

¶6

¶7

LETTERS PATENT APPEAL NO.244 OF 2011

¶8

Sheikh Amin Akhtar .. Applicant In the matter between :- Sheikh Amin Akhtar & Anr. .. Appellants Versus The State of Maharashtra & Ors. .. Respondents

¶9

Mr.Mandar Soman for the Applicant.

¶10

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

¶11

DATED : 06^th SEPTEMBER, 2024

¶12

P.C:-

¶13

On 14/02/2024, the Letters Patent Appeal filed in Writ Petition No.1461 of 2011 was dismissed for non prosecution, by recording that when the Appeal was called out, neither the Appellants nor any Advocate on their behalf appeared, giving rise to an impression that the Appellants are not interested in pursuing the Letters Patent Appeal.

¶14

The present Application is taken out for restoration of the Appeal and paragraph Nos.8 to 12 cited reasons as to why

¶15

M.M.Salgaonkar

¶16

2/2 903 IA-12560-24.odt

¶17

the Advocate for the Appellant was not present in the Court, resulting into dismissal of the Appeal.

¶18

The delay, which has occasioned, while taking out the present Application, is also stated to be unintentional and prayed to be condoned.

¶19

On hearing the learned counsel for the Applicant and on perusal of the Application, we are satisfied with the bonafides of the Applicant and since, it is a trite position of law that a party shall not be suffered on default of the Advocate, we deem it appropriate to recall the order dated 14/02/2024 and restore the Letters Patent Appeal, by condoning the delay in bringing the Application.

¶20

Interim Application No.12560 of 2024 is allowed in the aforestated terms.

¶21

Letters Patent Appeal is directed to be listed on 10/10/2024.

¶22

(MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.)

¶23

M.M.Salgaonkar

Sheikh Amin Akhtar and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sheikh Amin Akhtar and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mahesh Vasantrao Motaphale vs State of Maharashtra

Manoj Changdev Jadhav vs the State of Maharashtra and Ors.

Babu @ Sameer Gopal Gogavale vs the State of Maharashtra

Sunita Harish Phadtare vs Harish Hanmant Phadtare

Sunita Harish Phadtare vs Harish Hanmant Phadtare

Chandrabhaga J Kondalkar vs State of Maharashtra and Anr.