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Bombay High Court

ANUPAM PINAKINBHAI PADAYAversusMumbai International Airport Limited MIAL

Decided
Disposal
DISPOSED OFF

Holding

The Court restored the writ petition to the file, condoned the delay, and ordered deletion of respondents 4 and 6.

Summary

Anupam Padaya filed a writ petition on 29 January 2025 which was dismissed on 6 May 2026 for failure to remove office objections under Rule 986 of the Bombay High Court (Original Side) Rules, 1980. He subsequently filed an interim application seeking (i) deletion of respondents 4 and 6, who are law firms, and (ii) restoration of the writ petition despite a 26‑day delay. The Court granted deletion of the two respondents and, after hearing counsel for MIAL, restored the writ petition to the file, condoning the delay, while expressly reserving all other contentions of the respondents. No merits of the underlying writ were considered. The application was allowed without costs.

Issues considered

  • Whether the writ petition can be restored despite the delay and non‑removal of office objections under Rule 986.
  • Whether the petitioner may delete respondents 4 and 6 from the proceedings.

Legislation cited

Subjects

  • writ petition
  • interim application
  • restoration
  • procedural delay
  • Rule 986
  • deletion of parties
  • Bombay High Court

Judgment

          Digitally
          signed by
          AJIT
AJIT
RAMESH
          RAMESH
          PATHRIKAR
PATHRIKAR Date:
                                                                                            1-IA-5031-2026.DOC
          2026.10.09
          13:53:03
          +0530




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
                                      INTERIM APPLICATION NO. 5031 OF 2026
                                                            IN
                                        WRIT PETITION (L) NO. 3459 OF 2025
                       Anupam Pinakinbhai Padaya                        ...Applicant/Petitioner
                             Versus
                       Mumbai International Airport
                       Limited (MIAL) & Ors.                            ...Respondents
                                                         _______
                       Mr. Anupam Padaya, Applicant in person, present.
                       Mr. Vikram Nankani, Senior Advocate, a/w Chirag Kamdar, Shoma Maitra, Suhas
                       S. Kadu i/b Wadia Ghandy & Co. for Respondent.
                                                                _______
                                                      CORAM:          G. S. KULKARNI &
                                                                      DR. NEELA GOKHALE, JJ.
                                                      DATE:           05th OCTOBER 2026

                       P.C.
                       1.         At the outset, Mr. Anupam Padaya, Applicant-in-person, states that he is

                       not pressing any of the allegations in the present proceedings against Respondent

                       Nos.4 and 6 and does not wish to pursue the present proceedings against

                       Respondent Nos.4 and 6. He, hence, seeks deletion of their names from the array

                       of parties.

                       2.         Permission, as sought for, is granted. The amendment be carried out

                       forthwith. Re-verification is dispensed with.

                       3.          In this view of the matter, none of the allegations made against Respondent

                       Nos.4 and 6, which are the law firms, can be entertained.

                       4.         On the aforesaid premise, we have taken this Interim Application for

                       hearing.



                                                             Page 1 of 3
                       Ajit Pathrikar
                                                                       1-IA-5031-2026.DOC



5.         We have heard Mr. Anupam Padaya, Applicant-in-person and Mr. Vikram

Nankani, learned Senior Advocate for Respondent No.1-Mumbai International

Airport Limited (MIAL).

6.         By this Interim Application, the Applicant-in-person seeks restoration of the

Writ Petition, which came to be filed on 29th January 2025 and was dismissed for

want of non-removal of office objections under Rule 986 of the Bombay High

Court (Original Side) Rules, 1980, by an order dated 6 th May 2026 passed by the

Prothonotary and Senior Master of this Court.

7.         There is a delay of 26 days in filing of this application. There are also other

prayers which, in our opinion, are totally irrelevant to the relief sought for

restoration, namely prayer clauses (c) (d) (e) and (f).

8.         Having heard Mr. Anupam Padaya, Applicant-in-Person and having

perused the memo of the application, and subject to the contentions of Mr.

Nankani on behalf of Respondent No.1 intends to raise and on the premise that

none of the allegations of the Applicant are admitted on behalf of Respondent

No.1, considering that the Applicant is appearing in person, in the present

proceedings and in the Writ Petition which was rejected for non-removal of office

objections, we are inclined to restore the petition to the file of this Court by

condoning the delay.

9.         We expressly make it clear that we have not considered any of the

contentions which are raised in the memo of the application or any of the

allegations made in that regard, except considering simpliciter restoration of the

Writ Petition to the file of this Court.


                                       Page 2 of 3
Ajit Pathrikar
                                                                    1-IA-5031-2026.DOC



10.        Accordingly, the Interim Application is allowed in terms of prayer clauses

(a) and (b), keeping all contentions of the Respondents open, including the

averments and statements made in the memo of the petition.

11.        Disposed of in the aforesaid terms. No costs.




(DR. NEELA GOKHALE, J)                                     (G. S. KULKARNI, J.)




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Ajit Pathrikar


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