Bombay High Court
AVINASH BASANTRAO BHOSALE AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Disposal
- Allowed
Holding
The application for restoration of the writ petition is allowed, subject to payment of costs and submission of the spare copies.
Summary
The applicants filed an interim application seeking restoration of their writ petition, which had been dismissed on 13 June 2025 for failure to provide spare copies of the petition. The applicants assured the court that they would supply the required spare copies within one week. The bench, after considering the circumstances, ordered the application to be allowed subject to a cost of Rs.2,500 payable to the High Court Legal Services Sub‑Committee and the submission of the spare copies. Consequently, the writ petition was restored to its original position and scheduled for hearing on 17 September 2026. The interim application was thereafter disposed of.
Issues considered
- What is the appropriate remedy when a writ petition is dismissed for non‑submission of spare copies?
Subjects
- writ petition
- restoration
- interim application
- procedural compliance
- costs
Judgment
9-IA-189-26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 189 OF 2026
IN
WRIT PETITION NO. 2782 OF 2025
Avinash Basantrao Bhosale and Another ..APPLICANTS
VERSUS
State of Maharashtra and Another ..RESPONDENTS
....
Mr. Somnath Thengal, Advocate for applicants
Mrs. Mahalaxmi Ganpathy, Addl. P.P. for the Respondent – State
....
CORAM : ABHAY J. MANTRI, J.
DATE : 03rd SEPTEMBER, 2026
PER COURT :
1. The Applicants moved this application for restoration of the petition,
which was dismissed by this Court vide order dated 13 th June, 2025, as they
failed to supply spare copies of the petition. Today, the Applicants undertake to
supply spare copies of the petition within one week.
2. As such, considering the facts of the case, I deem it appropriate to
allow the application, subject to cost of Rs.2,500/- (Rupees Two Thousand Five
Hundred) payable to the High Court Legal Services Sub-Committee, Circuit
Bench at Kolhapur on or before 10th September, 2026. Consequently, the
Application is allowed as prayed, subject to the deposit of the costs and the supply of
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9-IA-189-26.odt
spare copies of the petition. Accordingly, the writ petition be restored to its
original position and be listed for hearing on 17th September 2026.
3. Interim Application stands disposed of.
SUSHANT ( ABHAY J. MANTRI, J. )
SSD SHARAYU
DESHPANDE
Digitally signed by
SUSHANT SHARAYU
DESHPANDE
Date: 2026.09.03
18:03:56 +0530
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