Bombay High Court
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD.versusGODREJ PROPERTIES AND INVESTMENT LTD. AND ORS.
- Decided
- Disposal
- Allowed
Holding
The Court restored Writ Petition No.2569 of 2010 and disposed of Civil Application No.725 of 2016.
Summary
Maharashtra State Electricity Distribution Co. Ltd. filed Writ Petition No.2569 of 2010 which was dismissed for non‑payment of bhatta charges of Rs.150. The same parties were involved in Writ Petition No.568 of 2010, raising identical issues. The petitioner filed Civil Application No.725 of 2016 seeking restoration of the dismissed petition on the ground that the omission was inadvertent. The Court held that, since both petitions concerned the same question and the respondents were already served, the civil application could be allowed and the writ petition restored. Consequently, the civil application was disposed and both writ petitions were listed for hearing on 14 October 2026.
Issues considered
- Whether a writ petition dismissed for non‑payment of bhatta charges can be restored on the ground of inadvertent omission
- Whether a civil application seeking restoration of a dismissed writ petition is maintainable when the same issues are pending in another writ petition
Subjects
- restoration of writ petition
- bhatta charges
- civil application
- procedural law
- duplicate litigation
Judgment
60 WP 568-10 WITH NMW 13-13-OS AND 62 WP 2569-10 WITH CAW 725-16-C.DOC
Priya Soparkar/bdpsps
BHARAT
DASHARATH
PANDIT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by BHARAT
CIVIL APPELLATE JURISDICTION
DASHARATH
PANDIT
Date: 2026.09.18
09:11:20 +0530
WRIT PETITION NO. 2569 OF 2010
WITH
CIVIL APPLICATION NO.725 OF 2016
IN
WRIT PETITION NO. 2569 OF 2010
Maharashtra State Electricity Distribution Co. …Petitioner/
Ltd. Applicant
Versus
Godrej Properties and Investment Limited and …Respondents
anr.
WITH
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 568 OF 2010
WITH
NOTICE OF MOTION NO. 13 OF 2013
IN
WRIT PETITION NO. 568 OF 2010
Mr. Suresh Pakale, Senior Advocate with Ms. Radha H. Bhandari
i/by M.V. Kini & Co., for the Respondent No.1 in WP No.568 of
2010 and for the Petitioner in WP No.2569 of 2010 and the
Applicant in CA No.725 of 2016.
CORAM: SUMAN SHYAM &
GAUTAM A. ANKHAD, JJ.
DATED: 16th SEPTEMBER, 2026.
Page 1 of 3
60 WP 568-10 WITH NMW 13-13-OS AND 62 WP 2569-10 WITH CAW 725-16-C.DOC
PC:-
1. The Applicant has filed this application seeking restoration
of the Petition which has been dismissed for non-payment of
bhatta charges by the Petitioner.
2. Mr. Suresh Pakale, learned senior counsel appearing for the
Petitioner/Applicant in Writ Petition No.2569 of 2010 states that
the Respondents in this matter are the Petitioners in Writ Petition
No.568 of 2010. Both the Petitioners challenge the same order.
However, Writ Petition No.2569 has been dismissed as the
Petitioners did not pay the bhatta charges of Rs. 150/-. The
omission is inadvertent. In any case, the paper-book has already
been served upon the Respondents herein.
3. Since both Petitions involve identical issue and the
Respondents in Writ Petition No.2569 of 2010 have been served
and are appearing before this Court, Civil Application No.725 of
2016 is allowed and the Writ Petition No.2569 of 2010 is restored
to file.
4. Civil Application No.725 of 2016 stands disposed of.
Page 2 of 3
60 WP 568-10 WITH NMW 13-13-OS AND 62 WP 2569-10 WITH CAW 725-16-C.DOC
5. List Writ Petition No.2569 of 2010 alongwith Writ Petition
No.568 of 2010, for hearing and disposal on 14th October, 2026.
(GAUTAM A. ANKHAD, J.) (SUMAN SHYAM, J.)
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Page 3 of 3
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