Bombay High Court
SUSHMA N NIRBHAVANEversusAI AIRPORT SERVICES LTD. FORMELY KNOWN AS AIR INDIA TRANSPORT SERVICES LTD
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that sufficient cause was made out for the restoration of the dismissed writ petition.
Summary
The applicant, Sushma N Nirbhavane, filed an interim application seeking restoration of Writ Petition No. 2453 of 2024, which had been dismissed for want of prosecution. The court examined the averments in the application and heard counsel for the applicant. It was held that the applicant had shown sufficient cause to justify restoration of the dismissed petition. Consequently, the interim application was allowed, and the writ petition was restored for admission. The respondents' reply affidavit was ordered to be placed on record, and the petition was listed for admission on 7 October 2026. No costs were awarded.
Issues considered
- Whether the dismissal of Writ Petition No. 2453 of 2024 for want of prosecution can be set aside on the ground of sufficient cause.
Subjects
- restoration of writ
- want of prosecution
- interim application
- civil procedure
- High Court of Bombay
Judgment
Digitally
signed by
AJIT
AJIT RAMESH
RAMESH PATHRIKAR
PATHRIKAR Date:
2026.09.24
3-IA-5243-2026.DOC
11:31:16
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 5243 OF 2026
IN
WRIT PETITION NO. 2453 OF 2024
Sushma N Nirbhavane ...Applicant
Versus
AI Airport Services Ltd. Formely Known As
Air India Transport Services Ltd & Ors. ...Respondents
_______
Mr. Vijay Vaidya a/w Mahendra Agvekar, Shraddha Chavan for Applicant.
Ms. Nukshinaro i/b MV Kini & Co., for Respondent Nos. 1 & 2.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 23rd SEPTEMBER 2026
P.C.
1. This Interim Application is filed for restoration of Writ Petition No.2453 of
2024, which was dismissed for want of prosecution.
2. Having perused the averments made in the application and having heard
learned Counsel for the applicant/petitioner, in our opinion, sufficient cause has
been made out for restoration of the writ petition.
3. In view of the above, the Interim Application is allowed.
4. Disposed of. No costs.
5. It is informed that the Respondents have filed their reply affidavit to the
petition. Let the same be placed on record.
6. List the petition for admission on 7th October 2026.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
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Ajit Pathrikar
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