Bombay High Court

MAHARASHTRA AGGREGATE TRANSPORT ASSOCIATIONversusThe State of Maharashtra

Decided: 17 February 2026
Disposal: Allowed
Bench: A S GADKARI SHYAM C CHANDAK

Holding

A writ petition dismissed for non‑prosecution may be restored if the restoration application is filed within the limitation period.

Summary

The Maharashtra Aggregate Transport Association filed an interim application seeking restoration of its civil writ petition (No. 4205 of 2025) which had been dismissed for non‑prosecution on 22 January 2026. The applicant argued that the restoration application was filed within the prescribed limitation period. The Court examined whether the limitation period had indeed elapsed and considered the procedural rule that a petition dismissed for non‑prosecution may be restored if the application is timely. Finding that the application was filed within the limitation, the Court allowed the restoration as prayed. Consequently, the writ petition was reinstated for further consideration.

Issues considered

Whether an application for restoration of a dismissed writ petition filed within the limitation period is permissible.

Subjects

restoration of writ petition
non‑prosecution dismissal
limitation period
civil appellate jurisdiction
procedure

Judgment

WAKLE
MANOJ
JANARDHAN
                       Manoj                                                    22(A)-IA-1341-2026.doc
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.02.23
19:24:42 +0530                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.1341 OF 2026
                                                         IN
                                        CIVIL WRIT PETITION NO.4205 OF 2025

                      Maharashtra Aggregate Transport Association         …..Applicant
                            Vs.
                      The State Of Maharashtra & Ors.                     …..Respondents
                                    __________________________________________

                      Adv. S.T. Pandey a/w Ms. Kajal Upadhyay, Ms. Deepika Jaiswal i/by S.T.
                      Pandey, for the Applicant.
                      Smt. Neha S. Bhide, G.P. a/w Mr. O.A. Chandurkar, Addl.G.P. and Smt. G.R.
                      Raghuwanshi, AGP for the Respondent-State.
                                    __________________________________________

                                                      CORAM :      A. S. GADKARI AND
                                                                   SHYAM C. CHANDAK, JJ.
                                                         DATE :    17th FEBRUARY, 2026.

                      P.C.:-

                      1)           This is an Application for restoration of Writ Petition No.4205

                      of 2025 which was dismissed for non-prosecution by Order dated 22 nd

                      January 2026.

                      1.1)         Present Application is filed within a period of limitation.

                      2)           In view thereof and for the reasons stated in the Application, it

                      is allowed in terms of prayer clause (b).



                               (SHYAM C. CHANDAK, J.)                    (A.S. GADKARI, J.)




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