Bombay High Court
SUSHIL HARISHCHANDRA MANCHARKARversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Allowed
Holding
The court held that the 15‑day delay in filing the interim application was condonable on account of sufficient cause.
Summary
The applicant sought restoration of Writ Petition No. 5130 of 2018, which had been dismissed for failure to comply with directions dated 12 June 2026. The interim application was filed 15 days after the prescribed deadline. The court examined whether the delay could be condoned, finding that the applicant had shown sufficient cause for the lapse. Accordingly, the court condoned the delay and allowed the application, extending the period to submit spare copies in the registry by three weeks and extending the returnable date for service of notice on Respondent No.4 to 30 October 2026. The order was signed by Judges Kamal Khata and A.S. Gadkari.
Issues considered
- Whether a delay of 15 days in filing an interim application for restoration of a dismissed writ petition can be condoned.
Subjects
- interim application
- condonation of delay
- writ petition restoration
- procedural compliance
- criminal appellate jurisdiction
Judgment
DTG 18-Ia-2957-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2957 OF 2026
IN
WRIT PETITION NO. 5130 OF 2018
Sushil Harishchandra Mancharkar … Applicant
V/s.
The State of Maharashtra & Ors. … Respondents
_______________________________________
Ms. Aishwarya R. Tuwar a/w Ms. Sonali R. Chavan i/b Dr. Uday P. Warunjikar
for Applicant.
Smt. Madhavi H. Mhatre, A.P.P. for Respondent-State.
_______________________________________
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 27th August 2026
P.C. :
1) This is an Application for restoration of Writ Petition No.5130 of
2018, which was dismissed for non compliance of the directions issued in
para No. 3 of Order dated 12th June 2026.
1.1) There is a delay of 15 days in preferring present Application.
2) Perusal of Application indicates that, sufficient cause is made out
for condonation of said delay.
3) In view thereof and for the reasons stated in the Application,
delay is condoned and Application is allowed in terms of prayer clauses (a)
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DTG 18-Ia-2957-2026.doc
and (b).
4) Period to supply spare copies in the Registry in pursuance of
Order dated 12th June 2026 is hereby extended by three weeks from today.
5) As a consequence thereof, the returnable date of service of
notice upon Respondent No.4 is extended up to 30th October 2026.
( KAMAL KHATA, J. ) ( A.S. GADKARI, J. )
Digitally signed
by
DNYANESHWAR DNYANESHWAR
TULSHIRAM TULSHIRAM
GHUMNAR GHUMNAR
Date: 2026.08.29
14:43:41 +0530
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