Rashmi N. Shah v. Jayantilal Sakariya Sole Pro.of Bhawesh Jewellers and Ors.
Case brief
What is this about?
Restoration of appeal and civil application dismissed for non-payment of bhatta charges; condonation of 1530 days' delay; Bombay High Court (Jitendra Jain, J.), 11 March 2026; applicant is original defendant no.3; suit of 2002 decreed 10 February 2017; appeal admitted 17 October 2019 conditioned on filing private paper-book within one year; Covid-period limitation extensions by Supreme Court suo moto up to 31 March 2022 excluded from delay computation; delay discovered only when plaintiff's Execution Application progressed (vakalatnama sought 11 December 2024); counsel's own admission of inadvertence accepted as sufficient cause; restoration conditional on cost of Rs. 25,000/- to original plaintiff within four weeks, failing which order stands withdrawn; listing 22 April 2026; no statutes or precedents cited.
What did the court decide?
First Appeal No. 1018 of 2017 and Civil Application No. 2805 of 2017 restored (having stood dismissed for non-payment of bhatta charges) with condonation of the 1530-day delay in taking out Interim Application No. 234 of 2026, subject to payment of Rs. 25,000/- as cost to the original plaintiff within four weeks, failing which the order will stand withdrawn; the restored appeal and civil application to be listed on 22 April 2026.