Bombay High Court

AMIT TURAKHIAversusADVANCED MULTISPECIALTY HOSPITAL PVT. AND ORS

Decided: 27 July 2026
Disposal: Allowed
Bench: A S GADKARI KAMAL KHATA

Holding

A writ petition dismissed for non-prosecution may be restored if the restoration application is filed within the prescribed limitation period.

Summary

The petitioner, Amit Turakhia, filed an interim application seeking restoration of his writ petition (No.2732 of 2019) which had been dismissed for non-prosecution on 17 June 2026. The petitioner argued that the dismissal was premature and that he had a valid ground to continue the proceedings. The respondents, Advanced Multi Specialty Hospital Pvt. Ltd. & Ors, opposed the restoration. The Court examined whether the restoration application was filed within the statutory limitation period prescribed for such relief. Finding that the application was indeed filed within the limitation period, the Court allowed the restoration as per the prayer clauses (a) and (b). Consequently, the writ petition was reinstated for further adjudication.

Issues considered

Whether a writ petition dismissed for non-prosecution can be restored if the restoration application is filed within the limitation period.

Subjects

restoration of writ
non-prosecution
limitation period
high court
criminal appellate jurisdiction

Judgment

                    KSG                                                            11-IA-2565-2026.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CRIMINAL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO.2565 OF 2026
                                                         IN
                                            WRIT PETITION NO.2732 OF 2019

                    Amit Turakhia                                          … Applicant/Petitioner
                             V/s.
                    Advanced Multi Specialty
                    Hospital Pvt. Ltd. & Ors                               … Respondents
                                        _______________________________________

                    Mr. Amit Turakhia, Petitioner in person present.
                    Ms. P.P. Shinde, A.P.P. for Respondent-State.
                                      _______________________________________

                                                 CORAM : A. S. GADKARI AND
                                                         KAMAL KHATA, JJ.
                                                 DATE  : 27th JULY, 2026

                    P.C. :

                    1)              This is an Application for restoration of Writ Petition No.2732 of

                    2019, which was dismissed for non-prosecution by Order dated 17 th June,
        Digitally
        signed by
        KIRAN
KIRAN SANJAY
SANJAY GHUGE
                    2026.
GHUGE Date:
       2026.07.29
        16:07:37
        +0530


                    2)              Present Application is filed within a period of limitation.

                    3)              In view thereof and for the reasons stated in the Application, it is

                    allowed in terms of prayer clauses (a) and (b).




                                    ( KAMAL KHATA, J. )                     ( A.S. GADKARI, J. )


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