Created by Fuzzy Cloud

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.)
                                                                      {




                               Page 3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.