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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


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