The Federal Bank Limited Through Its Senior Manager, Mr. Joy K. Paul v. Sudesh Prabhakar Indulkar And ORS.

8.CAF4220_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 4220 OF 2015 IN FIRST APPEAL NO. 2458 OF 2005 The Federal Bank Ltd.

... Applicant Vs.

Sudesh Prabhakar Indulkar & Ors.

... Respondents Mr, Hindaday a/w. Mr. J.B. Navlani i/b. Kusumakar Kaushik, Advocate for the applicant.

None for the respondents.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 10th January, 2018.

P.C.:

This Application is moved for restoration of First Appeal and setting aside the conditional order dated 13th March, 2006 of dismissal of First Appeal for want of compliance and further order of actual dismissal dated 10th October, 2012.

2.

The learned counsel for the applicant submitted that the respondents are served and affidavit of service is filed. He submitted that the Appeal was admitted on 13th March, 2006 and conditional order was passed of filing of paper book within one year, failing which, the Appeal will be dismissed. The learned counsel submitted that the Appeal was dismissed on 10th October, 2012. He further 1 / 2

8.CAF4220_2015.doc submitted that as the Appeal was admitted, the said order of compliance due to oversight remained to be complied with and hence there is a delay of 3465 days in filing this Application for restoration of Appeal.

3.

Perused the impugned orders. In view of the submissions and the reasons mentioned, the conditional order dated 13th March, 2006 of dismissal of First Appeal for want of compliance and further order of actual dismissal dated 10th October, 2012 are recalled. First Appeal is restored to its original file. Delay of 3465 days is condoned. The applicant/appellant is directed to file paper book within eight weeks. Registry to issue fresh notice to the respondents, returnable on 7th March, 2018. The appellant to furnish the copy of the memo of Appeal within one week to the registry.

4.

Civil Application is allowed and disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2