Bombay High Court
HARESH DULHANOMAL CHUGARIAversusULHASNAGAR MUNICIPAL CORPORATION AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is restored to the file of the Court.
Summary
The applicant, Haresh Dulhanomal Chugaria, filed an interim application seeking restoration of Writ Petition No. 6416 of 2023, which had been dismissed for non‑prosecution by a coordinate bench on 5 May 2026. The petition was dismissed because the applicant failed to pursue the proceedings. The applicant argued that sufficient cause existed for restoration, and the court examined the interim application and the supporting material. The bench, after hearing counsel, was satisfied that a case for restoration was made out. Consequently, the court ordered that the writ petition be restored to the court's file, directing all concerned to act on an authenticated copy of the order.
Issues considered
- Whether a writ petition dismissed for non‑prosecution may be restored on the ground of sufficient cause.
Subjects
- restoration of writ
- non‑prosecution dismissal
- interim application
- civil appellate jurisdiction
- Bombay High Court
Judgment
9-IA-3634-2026 (C).doc
Digitally signed
by PALLAVI
MAHENDRA
PALLAVI WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.05.15
19:55:04
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.3634 OF 2026
IN
WRIT PETITION NO.6416 OF 2023
Haresh Dulhanomal Chugaria ...Applicant
Versus
Ulhasnagar Municipal Corporation And Anr. ...Respondents
__________
Ms. Aditi Bhat, Sumeet Tirthani i/b. Sumeet Tirthani, for the Applicant.
Mr. P.P. Kakade, Addl. G.P. a/w Smt. M.S. Srivastava, AGP, for the Respondent-
State.
__________
CORAM : ADVAIT M. SETHNA &
SANDESH D. PATIL, JJ.
DATE : 15 MAY 2026
(VACATION COURT)
P.C.:
1. Heard learned counsel for the parties.
2. The learned counsel for the Petitioner has preferred this Interim
Application for restoration on the ground that Writ Petition No.6416 of
2023 was dismissed for non-prosecution by a co-ordinate Bench of this
Court vide order dated 5 May 2026.
3. Perused the Interim Application No.3634 of 2026 and its contents
thereof filed for restoration of the said Petition.
4. We are satisfied that a case is made out for restoration of the said
proceedings as sufficient cause has been demonstrated in the said
Pallavi Page 1 of 2
9-IA-3634-2026 (C).doc
application by the Applicant.
5. Considering the above, we direct that Writ Petition No.6416 of
2023 stands restored to the file of this Court.
6. All concerned to act on an authenticated copy of this order.
[SANDESH D. PATIL, J] [ADVAIT M. SETHNA, J.]
Pallavi Page 2 of 2
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