Bombay High Court
KANCHAN W/O SANJAY GUPTAversusMANOJ SHANKARLAL GUPTA AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
The court allowed the interim applications, restored the writ petition, and permitted amendment of the schedule to include the heirs, condoning the delay.
Summary
The petitioner, Kanchan, sought to recall the order dismissing her writ petition for default and to restore the petition, citing reasons for non‑appearance and unpaid costs by the respondents. She also moved to bring on record the heirs and legal representatives of a deceased respondent and to amend the schedule of proposed respondents accordingly. The court examined the petitioner’s affidavit explaining the non‑appearance and noted that the respondents had not paid the costs ordered. It further observed that the heirs were already represented in other capacities and that the delay in filing the amendment application could be condoned. Accordingly, the court allowed the interim applications, restored the writ petition, granted leave to amend the schedule, and ordered that notice be issued to the respondents. The court also directed service of notice by private means and filing of a service affidavit.
Issues considered
- Whether a dismissal of a writ petition for default can be recalled and the petition restored on the basis of an affidavit explaining non‑appearance.
- Whether the court may condone delay in filing an application to amend the schedule of parties to include heirs and legal representatives of a deceased respondent.
Subjects
- interim application
- recall of dismissal
- restoration of writ petition
- amendment of parties
- condonation of delay
- heirs and legal representatives
- service of notice
Judgment
71-IA-2292-2026.docx
rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2292 OF 2026
WITH
INTERIM APPLICATION NO. 1852 OF 2021
IN
WRIT PETITION NO. 12283 OF 2018
Kanchan W/o. Sanjay Gupta … Applicant
Vs.
Manoj Shankarlal Gupta and … Respondents
others
Mr. Vrushal N. Gupta for the Petitioner/Applicant.
CORAM : GAURI GODSE, J.
DATE : 12th JUNE 2026
ORDER :
Interim Application No. 2292 of 2026
1. This application is for recalling the order dismissing the
petition in default and for restoration of the writ petition. He
submits that the reasons for his non-appearance are
explained in the application.
2. Learned counsel for the applicant has tendered the
petitioner’s affidavit dated 10 th June 2026. The same is taken
Digitally signed
by
RAJESHWARI RAJESHWARI
RAMESH on record. He submits that till date the amount of costs as
RAMESH PILLAI
PILLAI Date:
2026.06.12
20:41:43 +0530
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71-IA-2292-2026.docx
per the order impugned in this petition is not paid by the
respondent and the appeal is not yet registered.
3. In the facts and circumstances of the case, the
application is allowed in terms of prayer clause (a) and the
petition is restored.
Interim Application No. 1852 of 2021
4. This application is for bringing on record names of heirs
and legal representatives of deceased respondent no. 2.
Learned counsel for the petitioner/applicant submits that one
of the heir is already on record in a different capacity as
respondent nos. 1 and 3.
5. Learned counsel for the petitioner further submits that
from amongst the heirs of respondent no. 2, proposed
respondent no. 2A has expired. He submits that her heirs
and legal representatives are already on record in different
capacity. Proposed respondent no. 2A was the wife of
deceased respondent no. 2. Hence, respondent no. 1, 3 and
the other proposed respondents are her heirs and legal
representatives. He therefore seeks leave to amend the
schedule of the proposed amendment to show respondent
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71-IA-2292-2026.docx
no. 2A as deceased and represented through respondent
nos. 1, 3 and 2B, 2C and 2D. Leave granted. Amendment to
the schedule to be carried out forthwith in the court.
6. In the facts and circumstances of the case, delay in
filing the application is condoned. Interim application is
allowed in terms of prayer clause (a), (b) and (c).
Amendment in the writ petition to be carried out in the
petition within two weeks.
Writ Petition No. 12283 of 2018
7. After the amendment is carried out office shall issue
notice to the respondents returnable on 7 th August 2026.
8. In addition to the court notice, learned advocate for the
applicant to serve the respondents by private service and file
service affidavit before the next date.
9. Learned advocate for the petitioner to ensure that
copies are supplied and court notice is served by taking
hamdast.
[GAURI GODSE, J.]
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