Bombay High Court
DHANAJAY MACHHINDRA NAGANEversusSachin Jagtap and Ors
- Disposal
- Disposed Off
Holding
The court recalled the order dated 13 July 2026 and allowed the interim application.
Summary
The applicant filed Interim Application No. 1044 of 2026 seeking recall of the court's order dated 13 July 2026. The order was allegedly passed inadvertently because two writ petitions were pending, and compliance had been effected for only one of them. The respondent State informed the court that the directions in Writ Petition No. 8531 of 2021 remained unimplemented. The bench examined the submissions and agreed that the earlier order should be set aside. Consequently, the interim application was allowed, the order of 13 July 2026 was recalled, and Contempt Petition No. 426 of 2025 was ordered to be listed for further proceedings. The interim application was thereafter disposed.
Issues considered
- What is the appropriate remedy when a court order is passed inadvertently in view of pending writ petitions?
- Should the order dated 13 July 2026 be recalled on the ground of non‑compliance with directions in Writ Petition No. 8531 of 2021?
Subjects
- interim application
- recall of order
- contempt petition
- writ petition
- non‑compliance
- procedural error
Judgment
2(i).IA.1044.2026.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1044 OF 2026
IN
CONTEMPT PETITION NO. 426 OF 2025
IN
WRIT PETITION NO. 8531 OF 2021
Dhananjay Machhindra Nagane Applicant
.. (Orig. Petitioner)
Versus
Sachin Jagtap and Ors. .. Respondents
....................
Mr. Wasim Samlewale, Advocate i/by Mr. Akil Kupade for
Applicant / Petitioner.
Ms. Tejas J. Kapre, AGP for Respondent – State.
......…...........
CORAM : MILIND N. JADHAV &
NANDESH S. DESHPANDE, JJ.
DATE : AUGUST 06, 2026.
P.C.:
1. Heard Mr. Samlewale, learned Advocate for Applicant /
Petitioner and Ms. Kapre, learned AGPfor Respondent – State.
2. Present Interim Application has been filed by Applicant for
recall of the order dated 13.07.2026.
3. We have perused the Interim Application.
4. Both the learned Advocates apprise the Court that the order
dated 13.07.2026 came to be passed inadvertently in view of the
pendency of two Writ Petitions requiring compliance, out of which
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2(i).IA.1044.2026.doc
compliance in respect of only one Writ Petition has been carried out.
5. Ms. Kapre informs the Court that the directions passed in
Writ Petition No.8531 of 2021 have not yet been complied with. In
view of the above, we recall our order dated 13.07.2026.
6. In view of the above, Interim Application No.1044 of 2026 is
allowed by recalling the order dated 13.07.2026. Consequently
Contempt Petition No.426 of 2025 shall be listed for further
proceedings.
7. Interim Application is allowed and disposed.
[ NANDESH S. DESHPANDE, J. ] [ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.08.06
18:09:59 +0530
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