Shri. Samerjeet B. Singh v. Shri. Sharad Ramchandra Patil (Deleted Since Deceased Thr.1-A Milind Sharad Patil And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8233 OF 2025 IN FIRST APPEAL NO.93 OF 2020 Samerjeet B. Singh .. Applicant In the matter of:- Samerjeet B. Singh .. Appellant

Versus

Milind Sharad Patil & Ors.

.. Respondents Mr.Girish M. Agarwal i/b Vikas Pandey, Advocates for the Appellant.

UTKARSH KAKASAHEB BHALERAO Mr.R.D. Suryawanshi a/w Suraj Naik, Advocates for Respondent Nos.1A to 1C and 2.

UTKARSH KAKASAHEB BHALERAO Date: 2025.06.30 11:11:32 +0530

CORAM

: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE : JUNE 27, 2025 P. C.

1.

The above Interim Application is filed seeking to set aside the order dated 6th March 2025 under which the above Appeal was dismissed for want of prosecution. The present Application is filed on 26th March 2025 and hence within time.

2.

Considering these facts, we hereby set aside the order dated 6th March 2025 and restore the above Appeal to the file of this Court. 3.

The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 4.

It has been brought to our attention that in the above Appeal, an order dated 29th November 2022 was passed under which the Appellant had to explain the source from which he allegedly paid a sum of Rs.1.7 Crores in cash between 8th May 2006 and 15th July 2008. This cash was allegedly paid to Respondent Nos.1 and 2. The grievance made today by the learned advocate appearing on behalf of Respondent Nos.1(a) to 1(c) and Respondent No.2 is that the aforesaid direction has not yet been complied with.

5.

The learned advocate appearing on behalf of the Appellant states that the order dated 29th November 2022 shall be complied with within a period of 4 weeks from today by filing an affidavit. The said statement is accepted as an undertaking given to this Court.

6.

We clarify that if the said affidavit is not filed on or before 25th July 2025 and a copy of the same is not served on the advocates for Respondent Nos.1(a) to 1(c) and Respondent No.2, the above Appeal shall stand dismissed without further reference to the Court and no further Application for restoration shall be entertained. 7.

Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]