Bombay High Court

AHMEDNAGAR JILLA DOODH VYAVASAYA PRAKRIYA SANGH LTDversusSARVA SHRAMIK SANGH THROUGH ITS PRESIDENT SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court recalled the dismissal order, held that the failure was not willful, and granted leave to amend the writ petition.

Summary

The petitioner, Ahmednagar Jilla Doodh Vyavasaya Prakriya Sangh Ltd, sought recall of a dismissal order dated 08.06.2026, which required the petitioners to take certain steps within four weeks or face dismissal. The petitioners failed to comply within the stipulated period, resulting in a dismissal order, but argued that the delay of 13 days was inadvertent and not deliberate. The Court examined whether the non‑compliance was willful and concluded it was not, thereby deciding to recall the dismissal order. The Court allowed the civil application, granted leave to amend the writ petition, and directed the petitioner to serve the unserved respondents within two weeks using private mode and to file a service affidavit. The matter was listed for urgent hearing on 26.10.2026.

Issues considered

Whether a dismissal order for failure to comply within a stipulated period can be recalled despite a delay of 13 days.
Whether the petitioners' failure to act was willful or inadvertent.
Whether leave to amend the writ petition should be granted.

Subjects

writ petition
order of dismissal
recall of order
delay
amendment
service of notice
civil application
Bombay High Court

Judgment

                            1                    73-CA.10756-26.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

       73 CIVIL APPLICATION NO. 10756 OF 2026
                   IN WP/2635/2026
AHMEDNAGAR JILLA DOODH VYAVASAYA PRAKRIYA SANGH
                         LTD
                       VERSUS
   SARVA SHRAMIK SANGH THROUGH ITS PRESIDENT
               SECRETARY AND OTHERS
                             ...
     Advocate for Applicant : Mr. Naik Thigle Girish K.
Advocate for Respective Respondents : Mr. Pramod S. Gaikwad.
                             ...

                      CORAM : MANJUSHA A. DESHPANDE, J.
                      DATE : 05.10.2026
PER COURT :-

1.    The petitioner is seeking recall of the order passed by

this Court on 08.06.2026. This Court has directed the

petitioners in this group of writ petitions to take steps within

four (4) weeks from the date of the order, failing which, the

petitions shall stand dismissed without further reference to the

Court.

2.    According to the applicant, the requisite steps could not

be taken within the stipulated period and consequently the

order of dismissal came to be passed. It is the contention of the

applicant that, non-compliance is totally inadvertent and not

deliberate. Therefore, considering the merits of the matter and

bonafides of the applicants, the order passed by this Court is

required to be recalled by condoning the delay of 13 days. In
                               2                    73-CA.10756-26.odt


view of the submissions made by the learned advocate for the

applicant, which is opposed by the learned advocate for

respondent Nos.2, 3, 7 and 9, I find that the failure of the

petitioners to take steps is not willful or deliberate. As such,

the order passed by this Court needs to be recalled.

3.        Civil application is allowed in terms of prayer clauses “A”

and “B”.

4.        The petitioner undertakes to serve the unserved

respondents within a period of two (2) weeks from today.

5.        Petitioner is seeking leave to amend the Writ Petition.

Leave is granted as prayed for. Amendment to be carried out

on or before the next date.

6.        Petitioner shall serve the unserved respondents by

permitting the private mode and file service affidavit to that

effect.

7.        List the matter on 26.10.2026 in urgent category.




                                   (MANJUSHA A. DESHPANDE, J.)

                                    ...

vmk/-

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