SETHIA INFRASTRUCTURE PVT. LTD. Vs. MAFATLAL MANGILAL KOTHARI

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arises out of an order dtd. 25/10/2023, passed by the High Court [High Court of Judicature at Bombay] in Interim Application No. 19020 of 2022 in First Appeal [First Appeal No. 1483 of 1988] filed by the respondent Nos. 1 and 2. By the aforesaid order, the High Court condoned huge delay of 5,250 days in filing the application for restoration and directed the restoration of the first appeal for decision on merits that too in the absence of the nonapplicants, just noticing that their private service is complete in view of an affidavit filed by the applicant.

(3.) The first appeal was deemed to be dismissed for nonprosecution on 20/5/2008 as per order dtd. 20/2/2008, passed by the High Court, mentioning that in case the compilation of pleadings is not filed within three months, the appeal shall stand dismissed for nonprosecution without further reference to the Court. The period of three months was counted from 20/2/2008.