Bombay High Court

Rishikesh Balbhim Pathare through Balbhim Sakharam Pathareversusovernment of Maharashtra Ministry of Finance

Disposal: DISPOSED OFF

Holding

Delay in filing a civil application may be condoned if the petitioner deposits the prescribed cost and removes objections within the stipulated period.

Summary

The petitioner filed a civil application seeking condonation of delay in a writ petition before the Bombay High Court, Aurangabad Bench. The State opposed the application, raising objections. The Court examined whether the delay could be condoned and what conditions, if any, should be imposed. It held that the delay could be condoned provided the petitioner deposited a cost of Rs.5,000 with the Advocates’ Association and removed the objections within four weeks. Accordingly, the Court ordered the cost deposit, directed removal of objections, and restored the writ petition to its original position, also permitting the petitioner to file a separate civil application in another writ petition.

Issues considered

Whether the delay in filing the civil application can be condoned?
Whether the petitioner must deposit cost and remove objections as conditions for condonation?

Subjects

delay condonation
civil application
writ petition
cost deposit
objection removal
Bombay High Court

Judgment

2026:BHC-AUG:42648-DB
                                                  1                      917.doc



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD
                     917 CIVIL APPLICATION NO. 10587 OF 2026
                                IN WPST/35332/2024

      RISHIKESH BALBHIM PATHARE THROUGH BALBHIM SAKHARAM PATHARE
                                 VERSUS
             OVERNMENT OF MAHARASHTRA MINISTRY OF FINANCE
                                            ...


            Advocate for the Applicant : Mr. Mahesh Shivratan Mandhana
                      AGP for Respondent/State : Mr. N.D. Batule
                                          …
                                          CORAM       : NITIN B. SURYAWANSHI AND
                                                        ABASAHEB D. SHINDE, JJ.
                                            DATE      : 11.09.2026

             PER COURT :
             .      For the reasons stated in the Civil Application, the delay is
             condoned subject to deposit of cost of Rs.5000/- with the Advocates’
             Association of Bombay High Court, At Aurangabad. Subject to removal
             of office objections within a period of four (04) weeks, Writ Petition is
             restored to its original position.

             2.    The petitioner is permitted to file a separate Civil Application in
             another Writ Petition No.27539 of 2024.




             ( ABASAHEB D. SHINDE, J. )                ( NITIN B. SURYAWANSHI, J. )




   vsj..

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