Shri Mohammad Jafar Shaikh And ORS v. Union Of India Thr. General Manager, Central Railway, Mumbai

by SHAGUFTA QUTBUDDIN PATHAN Date:

2026.04.16 18:32:24 +0530 SHAGUFTA QUTBUDDIN PATHAN 100-IA-2667-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2667 OF 2026 (For Restoration) IN FIRST APPEAL (ST) NO.34892 OF 2024 Mohammad Jafar Shaikh & Anr.

...Applicants/ Appellants

Versus

Union Of India Through General Manager, Central Railway, Mumbai

...Respondents

------ Mr. Vaneet Khosla for the Applicants/Appellants ------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : APRIL 15, 2026 P. C. :

1.

The Interim Application has been preferred seeking recall of the order dated 25th February 2025 passed by the Registrar (Judicial-II), by which the First Appeal came to be dismissed for non-removal of office objections within the prescribed period, and for condonation of delay of 320 days. The First Appeal was at the pre-admission stage. 2.

Learned counsel appearing for the Appellants submits that, inadvertently, the office objections were not removed, due to which the First Appeal came to be dismissed for default. SQ Pathan 1/2

100-IA-2667-2026.doc 3.

As the default was on the part of the advocate, the litigant cannot be made to suffer.

4.

In view thereof, the order dated 25th February 2025 is recalled, subject to removal of the office objections within a period of four weeks from today.

5.

The First Appeal is restored to file. To be listed on 18th June 2026.

6.

Interim Application is disposed of accordingly. [SHARMILA U. DESHMUKH, J.] SQ Pathan 2/2