Bombay High Court

GUNWANT SHARADRAO SARAFversusTHE STATE OF MAHARASHTRA AND ORS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT AJIT B KADETHANKAR

Holding

The Court condoned the delay, allowed the civil application, and restored the writ petition to its original position.

Summary

Gunwant Sharadrao Saraf filed a civil application (No. 3061 of 2019) seeking relief in the context of Writ Petition No. 85 of 2007 against the State of Maharashtra and others. The respondents raised an issue that one of their counsel, Mr. A. S. Bajaj, was no longer on the Municipal Corporation’s panel, necessitating the engagement of a new lawyer. The applicant also sought condonation of delay in filing the application. The Court, after considering the representation issue and the reasons for delay, condoned the delay and allowed the civil application. Consequently, the writ petition was restored to its original position and placed on the board for urgent hearing on 3 September 2026, with a direction that the petitioner must argue the petition on the next date or face dismissal for default. The civil application was thereafter disposed of.

Issues considered

Whether the delay in filing the civil application can be condoned.
Whether the absence of a counsel from the Municipal Corporation’s panel affects the proceedings.

Subjects

delay condonation
civil application
writ petition
legal representation
urgent hearing

Judgment

2026:BHC-AUG:32890-DB

1 8-CA 3061-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPLICATION NO. 3061 OF 2019
IN WP/85/2007

Gunwant Sharadrao Saraf .. Applicant

Versus

The State of Maharashtra and others .. Respondents

Mr. S. A. Deshmukh & Mr.Abhijit D. Namde, Advocates for
Applicant.
Smt. J. P. Reddy, AGP for Respondent No. 1.
Mr. V. D. Khivesara, Advocate h/f Mr. A. S. Bajaj, Advocate for
Respondent No. 2.

CORAM : KISHORE C. SANT AND
AJIT B. KADETHANKAR, JJ.
DATE : 31st JULY, 2026.

PER COURT :-

1. The learned advocate Mr. Khivesara informs that, now the

learned advocate Mr. Bajaj is not on the panel of Municipal

Corporation. The Municipal Corporation to make arrangement to

engage another lawyer.

2. For the reasons recorded in the application, delay stands

condoned. The civil application is allowed. The writ petition

stands restored to its original position.
2 8-CA 3061-2019.odt

3. Place the writ petition on board dated 03.09.2026 in urgent

category.

4. Petitioner in writ petition to positively argue the petition on

the next date. If the petition is not argued for any reason, the

same shall be dismissed in default.

5. The civil application stands disposed of.

( AJIT B. KADETHANKAR, J.) ( KISHORE C. SANT, J. )

P.S.B.

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