Miss. Prabha Ganpat Borkar Now Mrs Prabha Dinesh Kannan v. Drego Enterprises Mumbai And ORS.

57-IA-2901-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2901 OF 2026 IN FIRST APPEAL (ST) NO. 23846 OF 2025 Miss. Prabha Ganpat Borkar Now Mrs Prabha Dinesh Kannan ...Applicant/ Appellant

Versus

Drego Enterprises Mumbai And Ors.

...Respondents

------ Ms. Bushra Sayed i/b Ms. Pragya Mishra, for the Appellant. Ms. Manasi Pawar i/b Mr. Rahul Motkan, for the Respondent No. 1. Ms. Archana U., for the Respondent Nos. 3 and 4. Mr. D. J. Haldankar, AGP for the Respondent No. 5. ------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : April 15, 2026 P. C. :

1.

Interim Application has been preferred seeking restoration of First Appeal which came to be dismissed for non-removal of office objections under the order of the Registrar.

2.

Learned counsel for the Applicant submits that despite diligent efforts, office objections could not be removed within the time granted by the Registrar, and hence, the order came into effect and the Appeal came to be dismissed.

Arya 1 of

57-IA-2901-2026.doc 3.

The application is opposed by learned counsel for the Respondent Nos. 3 and 4.

4.

The Interim Application has been preferred seeking recall of the order of 9th September, 2025 by which the Appeal came to be dismissed for non-removal of office objections. As it is the duty of the Advocate on record to remove office objections, the litigant cannot be made to suffer for default on part of the Advocate.

5.

Resultantly, the Interim Application is allowed. The order of 9th September, 2025 is recalled subject to removal of office objections within a period of three weeks.

FIRST APPEAL (ST) NO. 23846 OF 2025 6.

List the First Appeal on 9th June, 2026.

[SHARMILA U. DESHMUKH, J.] Arya 2 of