Bombay High Court
SUBHASH DIGAMBAR THOMBAREversusGARIBCHAND MULCHAND GUPTA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court restored the writ petition to its file, allowing the interim application despite the delay.
Summary
The applicant, Subhash Digambar Thombare, filed an interim application seeking restoration of his writ petition (ST) No. 30235 of 2024, which had been refused by the Registrar on 10 January 2025. The court noted that the interim application was filed after a delay but considered the interest of justice. It examined the averments made in the application and concluded that the petition merited restoration despite the procedural lapse. Consequently, the court allowed the interim application, directing that the writ petition be restored to the court's file. No costs were awarded, and the parties were directed to be served with a copy of the petition, with any office objections to be removed within two weeks.
Issues considered
- What is the appropriate judicial response to a delayed interim application seeking restoration of a writ petition that was previously refused by the Registrar?
Subjects
- interim relief
- restoration of petition
- writ petition
- procedural delay
- civil procedure
Judgment
901-IA6275-26 IN WP.DOC
JYOTI
RAJESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANE ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed
by JYOTI RAJESH
MANE
Date: 2026.10.09
19:00:30 +0530
INTERIM APPLICATION NO. 6275 OF 2026
IN
WRIT PETITION (ST) NO. 30235 OF 2024
Subhash Digambar Thombare ...Applicant
Versus
Garibchand Mulchand Gupta And Ors ...Respondent(s)
_______
Mr. Bilal Ansari i/b. Mr. Nikhil G. Hire, for Applicant.
Mr. S.D.Vyas, Addl.G.P. a/w. Ms. Priyanka Chavan, AGP, for Respondent-State.
_______
CORAM: AARTI SATHE, J.
DATE: 08 OCTOBER 2026
P.C.
1. By this interim application, the applicant/petitioner has prayed for
restoration of the writ petition, which came to be refused by the order dated 10
January 2025 of the learned Registrar (Judicial - I).
2. This Court has perused the averments as made in the interim
application. There is delay in filing this interim application. However, in the
interest of justice, we are of the opinion that the petition deserves to be restored to
the file of this Court.
3. This Court accordingly, allow the interim application in terms of prayer
clauses (a) and (b). Disposed of. No costs. Let copy of the Petition be served on all
the parties.
4. Office objections, if any, be removed within two weeks from today.
(AARTI SATHE, J.)
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