Bombay High Court

THE DISTRICT MARKETING OFFICER THE MAHARASHTRA STATE CO OPERATIVE MARKETING FEDERATION LTDversusTHE DIRECTORATE OF MARKETING MAHARASHTRA STATE PUNE AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court allowed the restoration application, condoned the delay, and quashed the dismissal order, restoring the writ petition subject to removal of objections within four weeks.

Summary

The District Marketing Officer filed a writ petition which was dismissed because the petitioner failed to remove office objections within the prescribed time. The petitioner filed an application for restoration 46 days later, citing an oversight and arguing that the delay was neither inordinate nor deliberate. The Court examined whether the delay could be condoned and whether the dismissal order could be set aside. It held that the delay was acceptable, condoned it, and quashed the order of dismissal dated 16.12.2024. The writ petition was restored on the condition that all office objections be removed within four weeks, with a penalty for non‑compliance.

Issues considered

Whether a delay of 46 days in filing an application for restoration of a dismissed writ petition is condonable.
Whether the order dismissing the writ petition for failure to remove office objections can be set aside.

Subjects

writ petition
restoration
delay condonation
office objections
civil procedure
High Court

Judgment

2026:BHC-AUG:42222



                                                      1
                                                                    907 CA 13490 OF 2025

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                 907 CIVIL APPLICATION NO. 13490 OF 2025
                                            IN WPST/25227/2024

                      THE DISTRICT MARKETING OFFICER THE MAHARASHTRA
                         STATE CO OPERATIVE MARKETING FEDERATION LTD
                                               VERSUS
                     THE DIRECTORATE OF MARKETING MAHARASHTRA STATE
                                         PUNE AND OTHERS
                                                   ...
                     Ms. Ankita Kirjawalekar i/b. Mr. D. N. Suryawanshi, Advocate
                     for Applicant
                                                   …

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 11th September 2026

                     P.C. :-

                     .         Heard Ms. Ankita Kirjawalekar instructed by Mr. D. N.

                     Suryawanshi, learned Advocate for the applicant.

                     2.        The learned Advocate for the applicant submits that the

                     registration of the Writ Petition was refused on account of

                     failure of the petitioner to remove office objections within the

                     stipulated time. The present application is filed seeking

                     restoration of the Writ Petition by quashing and setting aside

                     the said order of dismissal.

                     3.        There is a delay of 46 days in filing the present

                     application. Learned Advocate submits that the delay is
                                2
                                              907 CA 13490 OF 2025

neither inordinate nor deliberate. She further submits that due

to an oversight, the learned Advocate could not list the matter

which resulted in the order of dismissal.

4.       For the reasons stated in the application, the same is

allowed. The delay caused in filing the application stands

condoned.

5.       The order dated 16.12.2024 passed by the learned

Registrar (Judicial) of this Court is hereby quashed and set

aside.

6.       The Writ Petition is restored to its original position,

provided that the petitioner shall remove all office objections

within a period of four weeks from today.

7.       It is made clear that if the office objections are not

removed within the stipulated period, this order shall

automatically lose its effect. Any further request for

restoration thereafter shall be subject to costs of Rs.10,000/-

(Rupees Ten Thousand only).



                                    ( AJIT B. KADETHANKAR, J. )
PRW

Continue reading with your account

Checking your session…