Bombay High Court
Ashok Devji WadherversusThe State of Maharashtra through the Chief Secretary
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court set aside the dismissal order and restored the writ petition to its original file.
Summary
The writ petition (No. 3864 of 2025) was dismissed for default on 23 February 2026 because the petitioner's counsel could not appear before the Court. The petitioner's counsel filed an interim application alleging a genuine and sufficient reason for the non‑appearance. The Court accepted the counsel's explanation as bona fide and noted that the respondents raised no objection to the relief sought. Consequently, the Court set aside the dismissal order, restored the writ petition to its original file, and ordered that it be listed for hearing on 15 October 2026. The interim application was therefore allowed.
Issues considered
- Whether a dismissal of a writ petition for default can be set aside on the ground of a bona fide reason for non‑appearance of counsel
- Whether the Court may recall its earlier order of dismissal and restore the petition
Subjects
- interim application
- dismissal for default
- writ petition
- restoration of petition
- procedural law
Judgment
PDP 907-IA-1982-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by PRAVIN
ORDINARY ORIGINAL CIVIL JURISDICTION
PRAVIN DASHARATH
DASHARATH PANDIT
PANDIT Date:
2026.09.24
15:25:01 +0530
INTERIM APPLICATION NO. 1982 OF 2026
IN
WRIT PETITION NO. 3864 OF 2025
Ashok Devji Wadher & Anr. .. Applicants/
Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
...
Mr. Nirmal Pagaria for the Applicants/Petitioners.
Smt. Anupama Pawar, AGP for Respondent Nos.1 and 2-State.
Mr. Sunilkumar Karoth (through V.C.) for Respondent No.3.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 24th SEPTEMBER, 2026.
P.C. :
1. The learned Counsel for the Applicants/Petitioners fairly
submits that due to genuine and sufficient reason he could not
appear before the Court on 23rd February, 2026, on which date the
Petition is dismissed for default.
2. Reason assigned is bona fide. The same is accepted.
3. The learned Counsel for the Respondents have No
Objection to the prayer made in the Interim Application.
1
PDP 907-IA-1982-2026.doc
4. For the reasons stated in the Interim Application, the same
is allowed in terms of prayer clause (a). The Order dated 23 rd
February, 2026 stands recalled qua the instant Writ Petition and the
Writ Petition is restored to its original file.
5. List the Petition on 15th October, 2026.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
2
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