Renol Smwal Lawanka And ANR. v. Nandkumar Gopalrao Bendale

2025:BHC-AUG:28302 1 31-CA 4610-2025+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4610 OF 2025 IN FAST/11155/2025 Ananda Budha Hatkar .. Applicant

Versus

Pramod Tilakchand Pardeshi And Another .. Respondents Mr. Madhav M. Bhokarikar, Advocate for the Applicant. Mr. Aniruddha S. Usmanpurkar, Advocate for Respondent No. 2. AND CIVIL APPLICATION NO. 4611 OF 2025 IN FAST/11645/2025 Renol Smwal Lawanka And Another .. Applicants

Versus

Nandkumar Gopalrao Bendale And Another .. Respondents Mr. Madhav M. Bhokarikar, Advocate for the Applicant. Mr. Vijay B. Patil, Advocate for Respondent No. 1. CORAM : KISHORE C. SANT, J.

DATE : 06th OCTOBER, 2025.

PER COURT :- 1.

Heard.

2.

These applications are for restoration/recalling of the order

2 31-CA 4610-2025+.odt dismissing the appeals for non removal of office objections. 3.

The learned advocate for the applicants submits that, he had filed the appeals through E-filing system and were also numbered accordingly. The applications were also filed 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. In that process some of the data is lost and could not be retrieved. It is in that the matters were not shown on the portal. Therefore, the applicants filed physical copies. Since there was no record and since the record of the present appeals could not be retrieved, the order came to be passed of dismissing the appeals for default by the learned Registrar (Judicial) of this Court. The applicants are required to file applications 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.

3 31-CA 4610-2025+.odt 4.

The learned advocate for respondent opposes the applications.

5.

Considering that the matters 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). Therefore, this Court is inclined to pass following order :

ORDER

(I) The civil applications are allowed. Delay stands condoned. (II) The respective appeals stand restored to its original position. (III) The civil applications stand disposed of. ( KISHORE C. SANT, J. ) P.S.B.