Smt. Mangal Raosaheb Pathare And ORS. v. M/S. Aaba Electricals Gov. Licence Electrical Contractor And Engineer And ANR.

2025:BHC-AS:55375 Sayyed 21-IA.11186.2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11186 OF 2025 IN FIRST APPEAL (ST) NO.14536 OF 2016 (REJECTED CASE NO.217 OF 2017) Mangal Raosaheb Pathare & Ors.

...Applicants

Versus

M/s. Aaba Electricals Govt. License Electrical Contractor & Engineer & Anr.

...Respondents

_____________________________________________________ Mr. Dhammaraj Shejul i/by Mr. Vilas Bambarde for the Applicants. Mr. K. M. Hosurkar for Respondent No.2.

_____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATE :

16 DECEMBER 2025 P.C.:

1.

The present interim application is taken out for restoration of the appeal which was dismissed for non-removal of objection. The order of dismissal is of 5 October 2016. The restoration application is filed on 30 July 2025 after eight years and nine months i.e. 3190 days. 2.

The reason given in paragraph 4 is that the advocate who was handling the matter changed his office and he did not appear for removing the objection and thereafter his whereabouts were unknown. 3.

In my view, this is vague reason moreso, because the delay is of eight years and nine months. The appellants should have been vigilant and contacted his advocate. There is nothing mentioned as to when he made attempt to contact the advocate. The reason given for explaining the delay of eight years and nine months without any supporting the documents cannot constitute sufficient cause.

Sayyed 21-IA.11186.2025.doc 4.

In view of above, the delay is not condoned, the interim application stands dismissed.

[ JITENDRA JAIN, J. ] Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 16/12/2025 18:39:38