Bombay High Court
AHMEDNAGAR STEEL PVT LTD THROUGH ITS DIRECTORversusAABAJI BHIKAJI MANDILKAR
- Disposal
- DISPOSED OFF
Holding
The court held that the delay was condoned and the dismissal was recalled, thereby restoring the writ petition and civil application.
Summary
The applicant, Ahmednagar Steel Pvt Ltd, filed a civil application seeking restoration of a writ petition that had been dismissed for want of prosecution. The dismissal had occurred because the petitioner failed to prosecute the writ petition within the prescribed time. The applicant filed the restoration application 87 days after the dismissal, citing personal medical reasons for the delay. The court examined whether the delay could be condoned on the basis of the medical explanation. Accepting the applicant’s reasons, the court allowed the restoration, recalling the order of dismissal and restoring the writ petition and civil application to their original position. The matter was then posted for further consideration on 8 October 2026.
Issues considered
- Whether a delay of 87 days in filing a restoration application can be condoned on the ground of personal medical reasons
- Whether the dismissal of a writ petition for want of prosecution can be recalled and the petition restored
Subjects
- restoration of writ
- want of prosecution
- condonation of delay
- medical grounds
- civil procedure
Judgment
2026:BHC-AUG:42294
1
962 CA 7701 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
962 CIVIL APPLICATION NO. 7701 OF 2026
IN WP/11671/2024
AHMEDNAGAR STEEL PVT LTD THROUGH ITS DIRECTOR
VERSUS
AABAJI BHIKAJI MANDILKAR
...
Mr. S. M. Kanakdande h/f. Ms. P. R. Patare, Advocate for
Applicant
…
CORAM : AJIT B. KADETHANKAR, J.
DATED : 11th September 2026
P.C. :-
. This Civil Application is filed seeking restoration of the
Writ Petition and the Civil Application. The Writ Petition was
dismissed for want of prosecution. There is delay of 87 days in
filing the present application. The reasons for delay stated by
learned Advocate for the applicant are in respect of her
personal medical reasons. The explanation is accepted.
2. For the reasons stated in the application, the same is
allowed. The order dismissing the petition stands recalled. The
writ petition and civil application stands restored to their
original position.
3. Post the matter for further consideration on 08.10.2026.
( AJIT B. KADETHANKAR, J. )
PRW
Checking your session…