Bombay High Court
MANE FINANCE PRIVATE LIMITEDversusRESERVE BANK OF INDIA AND ANR
- Decided
- Disposal
- Allowed
Holding
The petition is restored, subject to payment of costs.
Summary
Mane Finance Private Limited filed a writ petition which was dismissed on 9 January 2026 for want of prosecution because its counsel failed to appear. The petitioner filed an interim application seeking restoration of the dismissed petition, explaining that the counsel's non‑appearance was unintentional and due to being engaged on another bench of the same court. The Court examined whether the petition could be reinstated despite the procedural default. Finding the reasons bona fide and that the party should not suffer for counsel's default, the Court ordered the petition restored subject to a cost of Rs.10,000 to be paid within a week. The restored petition was directed to be listed for hearing on 25 February 2026, and the petitioner’s counsel was instructed to serve a copy on the RBI counsel.
Issues considered
- Whether a petition dismissed for want of prosecution due to counsel's non‑appearance can be restored on an interim application.
Subjects
- interim relief
- restoration of petition
- procedural default
- civil appellate jurisdiction
- cost order
Judgment
1/2 902 IA-1356-26.odt
Salgaonkar
MANDIRA MILIND
SALGAONKAR
Digitally signed by MANDIRA MILIND
SALGAONKAR
Date: 2026.02.18 19:20:36 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1356 OF 2026
IN
WRIT PETITION NO.1091 OF 2021
Mane Finance Private Limited .. Applicant
Versus
Reserve Bank of India & Anr. .. Respondents
…
Mr.Rajesh Dubey for the Petitioner.
Mr.Dhaval Patil i/b K. Ashar & Co. for the Respondent No.1.
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATE : 17th FEBRUARY, 2026
...
P.C:-
1. The Interim Application seeks restoration of the Petition,
which was dismissed for want of prosecution on 09/01/2026
on the ground that even on the previous date, counsel for the
Petitioner has failed to mark an appearance.
2. Heard the learned counsel for the Applicant and perused
the Application.
The Application proceed to state that when the matter
was listed before the Court on 09/01/2026, the Advocate could
not remain present, as he was engaged before another Bench
2/2 902 IA-1356-26.odt
of this Court in a hearing matter and non-appearance of the
Advocate was completely unintentional and bona ?de and due
to circumstances beyond his control.
3. In any case, considering the fact that the party shall not
be made to suffer on account of default on the part of his
counsel, being satis?ed with the the reasons cited and the bona
?des, we deem it appropriate to restore the Petition, subject to
payment of cost of Rs.10,000/- (Rs.Ten Thousand only) to
Kirtikar Law Library within a period of one week from today.
Interim Application stands disposed of.
4. Upon restoration of the Petition, the same is directed to
be listed on 25th February, 2026.
The counsel for the Applicant shall ensure that the copy
of the Petition is served upon the counsel representing the
RBI, who shall take necessary instructions on the next date of
hearing.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
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