Bomi Daruwalla and Ors. vs Mr. Feroze Cawas Tititna and Ors. — Bombay HC (2025) — LawSathi Research

Bomi Daruwalla and Ors. vs Mr. Feroze Cawas Tititna and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay condoned and Appeal From Order No. 728 of 2018 restored, subject to filing of the paper book within four weeks (failing which dismissal with no further restoration) and payment of costs of Rs.2,500 per respondent by each applicant except appellant nos. 1 and 3 (and by all other applicants likewise) within four weeks, failing which the order stands withdrawn; application allowed in terms of prayer clauses (a), (b) and (c).

Issue for consideration

Whether the substantial delay (after excluding the COVID-affected period) in taking out the interim application seeking restoration of Appeal From Order No. 728 of 2018, dismissed by self-operative order dated 27 January 2019 for non-filing of the paper book, should be condoned and the appeal restored.

Court's answer

Balancing equity and for the reasons stated in the application, the delay in filing the restoration application is condoned and the appeal (referred to in the order as appeal No.728 of 2008) is restored.

Ratio / Principle

Restoration is conditional: the appeal paper book must be filed within 4 weeks, failing which the appeal will stand dismissed and no further application for restoration will be entertained.

Key takeaways

The application is allowed subject to costs: each of the applicant/appellants except appellant nos. 1 and 3, and similarly all other applicants, shall pay Rs.2,500 to each of the nine respondents (Rs.22,500/- per applicant-appellant in aggregate), payable within four weeks; if the cost is not paid, the present order will stand withdrawn.ratio¶17
The Interim Application is allowed in terms of prayer clauses (a), (b) and (c), and the matter is to be listed in regular course.ratio¶18

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Jitendra Jain, J. — Interim Application No. 7267 of 2024 in Appeal From Order No. 728 of 2018 (decided 20 November 2025; corrected pursuant to speaking-to-minutes order dated 22 December 2025): Allowed. The appeal stood dismissed by a self-operative order dated 27 January 2019 because the paper book was not filed by 27 March 2020 as directed. Excluding the COVID-affected period from 20 March 2020 to 28 February 2022 (per Supreme Court orders), a substantial delay remained before the restoration application was taken out on 31 August 2023. Balancing equity — since non-condonation would mean dismissal without adjudication on merits, causing injustice to the appellants — the Court condoned the delay and restored the appeal, on conditions: (i) paper book to be filed within four weeks, failing which the appeal would stand dismissed and no further restoration application entertained; (ii) costs of Rs.2,500 to each of the nine respondents (Rs.22,500 in aggregate per applicant-appellant) payable by each applicant/appellant except appellant nos. 1 and 3, and likewise by all other applicants, within four weeks, failing which the order would stand withdrawn. Application allowed in terms of prayer clauses (a), (b) and (c); matter listed in regular course.

903-IA-7267-24-C.doc

rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.7267 OF 2024 IN

APPEAL FROM ORDER NO.728 OF 2018

Bomi Daruwalla And Ors … Applicants-Appellants Versus Mr. Feroze Cawas Tititna And Ors. ...Respondents

Mr.Rajas Naik i/b Mr. Mangesh Chavhan, for the Applicants-Appellants. Mr. M. Bhindora i/b Mrs. Sushma Singh for Respondent No.1 to 3. Ms. Priyanka C. i/b Nahush Shah Ugal for Respondent No.8

CORAM : JITENDRA JAIN, J.

DATED : 20 NOVEMBER 2025

P. C.:

This application is taken out for restoration of an appeal which was dismissed by self operative order since the appellant did not file paper book within the time directed by this Court vide order dated 27 January 2019. The last date for filing the paper book was 27 March 2020. However, further the present Interim Application is taken out on 31 August 2023.

The period from 20 March 2020 till 28 February 2022 is excluded on account of COVID Pandemic and the orders passed by the Hon’ble Supreme Court. However, even after excluding of that period there is a substantial delay. The delay has been explained in paragraph 8 of the

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903-IA-7267-24-C.doc

present application. However, if the delay is not condoned then the appeal will be dismissed without going into the merits which may lead to injustice to the appellant. Therefore, balancing the equity and for the reasons stated in the application, the delay in filing the present application is condoned and the appeal No.728 of 2008 is restored.

The appeal paper book to be filed within 4 weeks from today failing which the appeal will be dismissed and no further application for restoration will be entertained.

The present application is allowed subject to payment of cost. Each of the applicant/appellant except appellant nos.1 and 3 will pay cost of Rs.2,500 to each of the respondents. That means the applicantappellant will pay Rs.2,500/- to each of the nine respondents (Rs.2,500/- x 9=Rs.22,500/-). Similarly, all other applicants will pay to each of the respondents Rs.2,500/-. Said cost to be paid within four weeks from today. If cost is not paid then the present order will stand withdrawn.

Interim Application is allowed in terms of prayer clauses (a),(b) and (c).

List the matter in regular course.

[ JITENDRA JAIN, J. ]

Corrected pursuant to speaking to the minutes order dated 22 December 2025.

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