Madhuri Mukesh Velis And ORS v. Reliance General Insurance Co Ltd And ORS

2025:BHC-AUG:28303 1 33-CA 4687-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4687 OF 2025 IN X-APLST/11429/2025 Madhuri Mukesh Velis And Others .. Applicants

Versus

Reliance General Insurance Co. Ltd. And Others .. Respondents Mr. Madhav M. Bhokarikar, Advocate for the Applicants. Mr. Mohit R. Deshmukh, Advocate for Respondent No. 2. CORAM : KISHORE C. SANT, J.

DATE : 06th OCTOBER, 2025.

PER COURT :- 1.

Heard.

2.

This application is for restoration/recalling of the order dismissing the cross appeal for non removal of office objections. 3.

The learned advocate for the applicants submits that, he had filed the appeal through E-filing system and was also numbered accordingly. The application was also for condonation of delay. However, software of the Court i.e. system No. 2 underwent a change and new software i.e. system No. 3 came to be introduced.

2 33-CA 4687-2025.odt In that process some of the data is lost and could not be retrieved. It is in that the matter was not shown on the portal. Therefore, the applicants filed physical copies. Since there was no record and since the record of the present appeal could not be retrieved, the order came to be passed of dismissing the appeal for default by the learned Registrar (Judicial) of this Court. The applicants are required to file application for restoration where some delay is caused. It is stated in the application that, the applicants were not aware about shifting from one software to another software and therefore, they could not get the knowledge immediately. It is for this reason delay is caused. The learned advocate relies upon the order passed by this Court in Civil Application No. 5800/2025 in Cross Appeal (Stamp) No. 12166/2025 dated 30.06.2025. 4.

The learned advocate for respondent opposes the application.

5.

Considering that the matter could not be retrieved because of technical issues in the process of upgrading the software, the applicants are required to face difficulties and in that process the impugned order is passed by the learned Registrar (Judicial).

3 33-CA 4687-2025.odt Therefore, this Court is inclined to pass following order :

ORDER

(I) The civil application is allowed. Delay stands condoned. (II) The respective cross appeal stands restored to its original position.

(III) The civil application stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.