Bombay High Court
PRADIP CHANDRAKANT MEKHE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court condoned the delay subject to deposit of Rs.3000 cost and removal of office objections, thereby restoring the writ petition.
Summary
The petitioners, Pradip Chandrakant Mekhe and others, filed a writ petition before the Bombay High Court, Aurangabad bench, which later faced procedural delays. They moved a civil application seeking condonation of the delay, arguing that the lapse should not prejudice their substantive rights. The State of Maharashtra, represented by its Secretary, opposed the condonation, contending that procedural rules must be strictly observed. The Court examined whether the delay could be excused and whether imposing a cost condition was appropriate. It held that the delay could be condoned provided the petitioners deposited Rs.3000 with the Advocates’ Association within two weeks and removed any office objections within four weeks. Consequently, the civil application was allowed, and the writ petition was restored to its original position subject to the stipulated conditions.
Issues considered
- Whether the delay in filing the civil application for condonation can be condoned
- Whether the imposition of a cost deposit is a proper condition for condonation
- Whether the writ petition can be restored to its original position upon condonation
Subjects
- delay condonation
- civil application
- writ petition
- cost deposit
- High Court procedural order
Judgment
2026:BHC-AUG:33248-DB
1 11.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
11 CIVIL APPLICATION NO. 7630 OF 2026
IN WPST/13807/2025
PRADIP CHANDRAKANT MEKHE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
...
Advocate for the Applicant : Ms. Vaishali S. Swami h/f. Mr. Swami Mahesh
Chandrashekhar
AGP for Respondent/State : Ms.V.S. Choudhari
…
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATE : 31.07.2026
PER COURT :
. For the reasons stated in the Civil Application, the delay is
condoned, subject to deposit of cost of Rs.3000/- with the Advocates’
Association of Bombay High Court, At Aurangabad, within a period of
two (02) weeks from today. Subject to removal of office objections
within a period of four (04) weeks, Writ Petition is restored to its
original position. Civil Application is allowed in terms of prayer clause
‘B’.
( ABASAHEB D. SHINDE, J. ) ( NITIN B. SURYAWANSHI, J. )
vsj..
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