Bombay High Court

KISHOR AASARAM MISALversusCHIEF EXECUTIVE OFFICER AND OTHERS

Disposal: DISPOSED OFF

Holding

The civil application is allowed, restoring the writ petition, subject to the applicant depositing Rs. 5,000 in costs.

Summary

The applicant, Kishor Aasaram Misal, filed a civil application seeking restoration of a writ petition that had been dismissed because his counsel could not attend due to another case. The applicant argued that the dismissal was procedural and that the writ should be reinstated upon payment of costs. The court examined whether a dismissed writ petition could be revived through a civil application and what conditions, if any, should be imposed. It held that the civil application could be allowed provided the applicant deposited the prescribed costs. Consequently, the writ petition was restored to its original position after the applicant pays Rs. 5,000 within two weeks, and the respondent No.4 is entitled to those costs.

Issues considered

Whether a writ petition dismissed for non‑prosecution can be restored by a civil application
Whether the court may condition restoration on the payment of costs

Subjects

writ petition
restoration
civil application
costs
non‑appearance of counsel
procedural dismissal

Judgment

2026:BHC-AUG:41247



                                                      1
                                                                       920-ca-7026-2026

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                   CIVIL APPLICATION NO. 7026 OF 2026
                                             IN WP/8794/2024

                                          Kishor Aasaram Misal
                                                VERSUS
                                   Chief Executive Officer And Others
                                                   ...
                     Mr. S. N. Lale Yelwatkar, Advocate for Applicant
                                                   …..

                                             CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 04TH SEPTEMBER, 2026

                     P.C. :-

                     .         Learned Advocate S. N. Lale Yelwatkar, for the

                     applicant submits that since he was busy in prosecuting

                     another matter before the another Court, he could not attend

                     the proceedings in the present writ petition. He would submit

                     that on account of his failure to prosecute the writ petition, it

                     came to be dismissed by order dated 01.04.2026. Now the

                     Civil Application is filed for restoration of the Writ Petition.

                     2.        Learned Advocate for the applicant submits that copy of

                     the Civil Application is also served on the other side. No one

                     present for the respondents.
                                2
                                                 920-ca-7026-2026

3.      For the reasons stated in the Civil Application, the same

stands allowed subject to deposit of costs of rupees 5,000/- in

the Registry within a period of two weeks from today. Upon

deposit of the said costs, the writ petition shall stand restored

to its original position. The respondent No.4 will be entitled to

receive such costs. The petitioner undertakes to prosecute the

writ petition diligently.



                                    ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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