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Bombay High Court

KEWAL KUMAR AHUJAversusDIVISIONAL JOINT REGISTRAR,CO-OP SOCIETIES, MUMBAI DIVISION AND 6 ORS

Decided
Disposal
DISPOSED OFF

Holding

The Court condoned the delay and set aside the dismissal, restoring the writ petition to the file.

Summary

The applicant, an 81‑year‑old senior citizen, sought condonation of a 275‑day delay in filing an application to set aside the dismissal of his writ petition for want of prosecution. The petition had been dismissed on 11 August 2025 because the petitioner, suffering from ailments, could not pursue the case. The applicant’s counsel submitted medical evidence to justify the delay. The court, after hearing both sides, found the reasons sufficient to advance substantive justice. It therefore condoned the delay, set aside the dismissal order, and restored the writ petition to the file. The interim application was disposed.

Issues considered

  • Whether a delay of 275 days in filing an application for condonation of delay can be condoned?
  • Whether the order dismissing the writ petition for want of prosecution should be set aside and the petition restored?

Subjects

  • condonation of delay
  • want of prosecution
  • writ petition
  • senior citizen
  • substantive justice

Judgment

                                                                             910-IA--4600-2026.DOC




                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                  INTERIM APPLICATION NO. 4600 OF 2026
                                                       IN
                                      WRIT PETITION NO. 399 OF 2023


                   Kewal Kumar Ahuja                                               ..Applicant
                          Versus
                   Divisional Joint Registrar Coop Societies,                 …Respondents
                   Mumbai Division and Ors

                   Mr. Ashish U Mishra, with Vishnudutt Mishra and Tushar Amberkar,
                         for the Applicant/Petitioner.
                   Mr. Mohit Jadhav, Addl GP, for Respondent Nos. 1 & 6.
                   Adv Nishtha Garg, i/b Kartik Garg, for Respondent Nos. 2 to 5.

                                                CORAM:            N. J. JAMADAR, J.
                                                DATE :            29th SEPTEMBER 2026


                   ORDER:
SAINATH
SANJAY
BODKHE             INTERIM APPLICATION NO. 4600 OF 2026:
Digitally signed
by SAINATH
SANJAY
BODKHE
Date:
2026.09.30
21:54:05 +0530
                   1.    Heard the learned Counsel for the parties.

                   2.    This is an Application for condonation of delay of 275 days in

                   taking out the Application to set aside the order dated 11 th August 2025,

                   whereby the Writ Petition No. 399 of 2023, came to be dismissed, for

                   want of prosecution and also to restore the said Writ Petition to file.

                   3.    Mr. Ashish Mishra, the learned Counsel for the Applicant

                   submitted that as the Petitioner is a senior citizen and was suffering
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                                                       910-IA--4600-2026.DOC

from ailments, the Petitioner could not follow-up the proceeding with

the concerned Advocate and, thus, the Petition came to be dismissed for

want of prosecution.

4.    Ms. Nishtha Garg, the learned Counsel for Respondent Nos. 2 to

5, resisted the submissions on behalf of the Applicant.

5.    It seems that the Petitioner is 81 years of age. Few documents

have been filed to substantiate the claim of the Petitioner that he has

been suffering from various ailments.

6.    For the reasons assigned in the Application and to advance the

cause of substantive justice, the delay in filing the Application stands

condoned and the order dated 11 th August 2025, dismissing the Petition

for want of prosecution stands set aside.

7.    The Petition stands restored to file.

8.    Application disposed.



WRIT PETITION NO. 399 OF 2023:



9.    Petition be listed for admission.

                                              [N. J. JAMADAR, J.]




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