Bombay High Court

MANISHA BHUPENDRA PANDYAversusBHUPENDRA P. PANDYA

Decided: 17 January 2026
Disposal: Allowed
Bench: MADHAV JAMDAR

Holding

The order of dismissal for want of prosecution is set aside and the writ petition is restored to the file.

Summary

The petitioner, Ms. Manisha B. Pandya, filed an interim application seeking recall of a dismissal order dated 17 November 2025, which had dismissed her writ petition for want of prosecution. She alleged that she and her counsel were unaware of the sudden notification of the hearing date and therefore could not appear, resulting in a default dismissal. The court noted that the petitioner’s advocate failed to appear, leading to the dismissal, but held that a litigant should not suffer due to the advocate’s fault. Consequently, the court set aside the dismissal order and restored the writ petition to the file. The petition was ordered to be listed for admission on 30 January 2026, and the interim application was disposed of without costs.

Issues considered

Whether a writ petition dismissed for want of prosecution can be set aside when the default is attributable to the advocate’s failure to appear.
Whether the petitioner’s lack of notice of the hearing date justifies restoration of the petition.

Subjects

writ petition
default dismissal
want of prosecution
advocate fault
interim application
restoration of petition
civil procedure

Judgment

                                                  924-IA-38450-2025.DOC




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
              INTERIM APPLICATION NO.38450 OF 2025
                                   IN
                  WRIT PETITION NO.6604 OF 2021


Manisha Bhupendra Pandya                              …Applicant
     Versus
Bhupendra Purshottamdas Pandya                        …Respondent


Ms. Manisha B. Pandya, the Applicant present in-person.
Mr. Darshan R. Mehta a/w. Ms. Megha Sanghavi i/b. Dhruve
Liladhar & Co., for the Respondent.


                       CORAM:       MADHAV J. JAMDAR, J.
                       DATED :      17th JANUARY 2026
P. C.:


1.       This Interim Application is taken out for recall of the order

dated 17th November 2025, by which the Writ Petition is dismissed

for want of prosecution.



2.       The reasons are set out in paragraph Nos.7 and 8, which

read as under:



          “7. I say that since the advocate for the petitioner
          and the Petitioner were completely unaware of the
          sudden and impromptu notification dated 14-11-
          2025 (which they are yet not seen till date) of the



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                                                 924-IA-38450-2025.DOC




          assignment of HHJ. Her ladyship Smt. Aarti Sathe
          for 17-11-2025 and 18-11-2025 and thereafter
          completely UNAWARE of the above Interim
          application 2814 of 2021 and WP/6604/2021 being
          listed on 17-11-2025. Hence the Interim application
          2814 of 2021 and WP/6604/2021 has been
          disposed of by DEFAULT clubbed with misleading
          statement of the Respondent through his Learned
          Counsel.

          8. I say that it is also proved by the praecipe
          submitted before CORRAM HHJ. Her ladyship Smt.
          Manjusha Deshpande on 13-11-2025 that the
          Petitioner is very much interested in purusing the
          matter and that the above matter got dispose
          inadvertently by DEFAULT, because of the
          circumstances aforestated and below stated, and
          hence needs to be URGENTLY and IMMEDIATELY
          RESTORED in the interest of justice. In fact if the
          applicant/petitioner knew that the matter was
          coming on board on the 17-11-2025 she could have
          easily appeared in person and could have pursued
          the matter in the interest of justice.”


3.       The said reasons clearly shows that in fact, on 13 th

November 2025, the Petitioner has moved the regular Court and in

paragraph No.9 of the Interim Application, it is stated that the date

given by the regular Court was 4 th December 2025. However, the

matter was listed on 17th November 2025 before a learned Single

Judge and the same was dismissed for want of prosecution.




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                                                    924-IA-38450-2025.DOC




4.       It is also required to be noted that at that time, the Applicant

was represented by an Advocate.



5.       Although affidavit-in-reply is filed strongly opposing the

Interim Application, perusal of the record shows that the learned

Advocate of the Petitioner has not appeared in the matter and

therefore, the Writ Petition was dismissed for want of prosecution.



6.       It is settled legal position that, due to fault of the Advocate,

litigant shall not suffer.



7.       Accordingly, for the reasons set out in the Interim

Application, the same is allowed in terms of prayer clause (a).



8.       Resultantly, the order dated 17th November 2025 passed by a

learned Single Judge is set aside. The Writ Petition is restored to

the file of this Court.



9.       The Writ Petition be listed on 30th January 2026 for

“admission” along with companion Writ Petition No.6604 of 2021

and Interim Application No.2814 of 2021.




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                                                    924-IA-38450-2025.DOC




    10.      The Interim Application is disposed of in above terms with

    no order as to costs.




                                              [MADHAV J. JAMDAR, J.]

       Digitally
       signed by
       SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
       2026.01.19
       13:35:11
       +0530




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