Mr. Saibal Srikumar Banerjee v. Mrs. Suparna Saibal Banerjee @ Suparana Moitra

12-IA.10549.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.10549 OF 2024 (FOR RESTORATION) IN FAMILY COURT APPEAL NO.173 OF 2018 Saibal Srikumar Banerjee ...Applicant

IN THE MATTER BETWEEN:-

Saibal Srikumar Banerjee ...Appellant

Versus

Suparna Saibal Banerjee @ Suparana Moitra

...Respondent

Mr. Sachindra B. Shetye with Ms. Dhanashri Mandkar, Mr. Akshay Pansare, Ms. Vrushali Shivgan and Nipun Sawane for the Applicant. None for the Respondent.

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATE : 13th FEBRUARY 2026 P.C. :

1.

Interim Application No.10549 of 2024 seeks restoration of the Family Court Appeal No.173 of 2018. Whilst admitting the appeal on 5th November 2019 the Court had directed the appellant to file private paper book within one year, failing which the appeal was directed to be dismissed without further reference to the Court. N. S. Chitnis 1/2

12-IA.10549.2024.doc 2.

On hearing learned counsel Mr. Sachindra Shetye for the applicant and on perusal of the order, we have noted that the office was otherwise directed to call for R&P and it is the specific contention that the period of one year lapsed during Covid time and the paper book could not be filed, as a result the appeal came to be dismissed without reference to the Court.

Mr. Sachindra Shetye specifically informs us that the paper book is now ready. We permit the paper book to be tendered within one week from today. Thereupon the appeal is restored to its file. 3.

Interim Application is accordingly disposed of. List the appeal for hearing on 6th March 2026.

MANJUSHA DESHPANDE, J.

BHARATI DANGRE, J.

N. S. Chitnis 2/2