Basir Alias Mohd. Ahmed Khan v. Union Of India Thr.General Manager, Mumbai

31-ia-10610-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION INTERIM APPLICATION NO. 10610 OF 2024 IN FIRST APPEAL NO. 779 OF 2018 Basir alias Mohd. Ahmed Khan ..

Applicant In the matter between SMITA RAJNIKANT JOSHI Basir alias Mohd. Ahmed Khan & Another ..

Appellants.

v/s.

Union of India ..

Respondent.

SMITA RAJNIKANT JOSHI Date: 2024.11.18 10:29:30 +0530 Mr. Vasim Siddiqui i/b. Mr. Kunal Bhanage, for the Applicant/Appellant. Mr. T. J. Pandian with Mr. Gautam M. with Noorjahan Khan, for the Respondent.

CORAM: FIRDOSH P. POONIWALLA,J.

DATE : 14th NOVEMBER, 2024.

P.C:- This Application has been filed for seeking condonation of delay of 254 days in filing the Application and for restoration of First Appeal No.779 of 2018.

By an Order dated 6th September,2023 passed by this Court, the Appellant was directed to file a private paper book within four weeks and it was further ordered that, failing which, the Appeal would stand dismissed without further reference to the Court. S.R.JOSHI

31-ia-10610-2024.doc The Appellant did not file a private paper book within four weeks, and, therefore, the Appeal stood dismissed without further reference to the Court.

I have perused the Interim Application. The Interim Application contains sufficient cause for condoning the delay and restoring the Appeal.

In these circumstances, the delay of 254 days in filing the present Application is condoned.

First Appeal No.779 of 2018 is restored to the file of this Court.

The Appellant is directed to file the private paper book, containing all the documents that are available, within a period of two weeks from today.

Interim Application No. 10610 of 2024 is disposed of. Appeal to be listed on board on 5th December, 2024. (FIRDOSH P. POONIWALLA,J.) S.R.JOSHI