Bombay High Court

MAHARASHTRA AGGREGATE TRANSPORT ASSOCIATESversusThe State of Maharashtra

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

Holding

The court held that the writ petition may be restored as the application for restoration was filed within the limitation period.

Summary

The Maharashtra Aggregate Transport Association filed a writ petition (No. 9067 of 2025) which was dismissed by the High Court on 22 January 2026 for non‑prosecution. The Association subsequently filed an interim application (No. 1342 of 2026) seeking restoration of the dismissed petition, asserting that the application was filed within the prescribed limitation period. The court examined whether a petition dismissed for non‑prosecution could be revived when the limitation period had not elapsed. Relying on procedural law principles, the court found no bar to restoration as the limitation period was respected. Consequently, the court allowed the interim application, thereby restoring the writ petition for further consideration.

Issues considered

Whether a writ petition dismissed for non‑prosecution can be restored when the restoration application is filed within the limitation period

Subjects

writ petition
restoration
non‑prosecution
limitation period
civil appellate jurisdiction
High Court of Bombay

Judgment

WAKLE
MANOJ
JANARDHAN
                       Manoj                                                    23(A)-IA-1342-2026.doc
Digitally signed by
WAKLE MANOJ
JANARDHAN
Date: 2026.02.23
19:24:40 +0530                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.1342 OF 2026
                                                         IN
                                        CIVIL WRIT PETITION NO.9067 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 Mr. Ketan
                      Joshi, "B" Panel Counsel, 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.9067

                      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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