Bombay High Court

LOTUS REFINERIES PRIVATE LIMITED AND ANRversusSTATE OF MAHARASHTRA AND ORS

Decided: 19 August 2026
Disposal: Allowed

Holding

The court held that the dismissed interim application may be restored as the restoration petition was filed within the limitation period and satisfied the requisite criteria.

Summary

Lotus Refineries Pvt Ltd and another filed an interim application seeking restoration of Interim Application No.2030 of 2026, which had been dismissed for non‑prosecution. The respondents, the State of Maharashtra and others, opposed the restoration. The key issue was whether the dismissed interim application could be revived despite its earlier dismissal. The court examined the filing date and found that the restoration application was filed within the prescribed limitation period and that the reasons pleaded justified relief. Accordingly, the court allowed the restoration of the interim application as prayed for.

Issues considered

Whether an interim application dismissed for non‑prosecution can be restored when the restoration application is filed within the limitation period

Subjects

interim application
restoration
limitation period
criminal appellate jurisdiction
procedure

Judgment

                            pmk                                                 10-IA-2843-2026.doc




                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO.2843 OF 2026

                                                              IN

                                           INTERIM APPLICATION NO.2030 OF 2026

                                                              IN

                                                  APPEAL NO.1218 OF 2025

                       Lotus Refineries Pvt Ltd & Anr.                          … Applicants

                                V/s.

                       State Of Maharashtra & Ors.                              … Respondents



                       Ms. Kashish M. Singhi h/f Mr. Dilip Shukla for the ApplicantS.
                       Ms. Leena Patil, SPP a/w Ms. P.P. Shinde, APP for Respondent Nos.1 & 2.
                       Mr. Arvind Lakhawat a/w Mr. Vinit Vaidya i/by MZM Legal LLP for
                       Respondent No.3.
                       Mr. Rahul Landge, API, Unit-14, EOW, Mumbai, Present.


                                                         CORAM :  A. S. GADKARI AND
                                                                  KAMAL KHATA, JJ.
                                                           DATE : 19th August, 2026

                       P.C.:-

                       1)              This is an Application for restoration of Interim Application

                       No.2030 of 2026, which was dismissed for non-prosecution vide Order

                       dated 24th July, 2026.


          Digitally
          signed by

PRIYANKA
          PRIYANKA
          MADHAVRAO
MADHAVRAO KALE
KALE
                                                                                                      1/2
          Date:
          2026.08.25
          13:46:49
          +0530
     pmk                                                 10-IA-2843-2026.doc

1.1)          Present Application is filed within the period of limitation.

2)            In view thereof and for the reasons stated in the Application,

Application is allowed in terms of prayer clauses (a).



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




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