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Bombay High Court

HEMANT AWASARE AND ORSversusKAMAR INFRASTRUCTURE PVT LTD

Decided
Disposal
Disposed Off

Holding

The petition is restored conditionally, subject to removal of all office objections within four weeks.

Summary

The petitioners, Hemant Awasare and others, filed an interim application seeking restoration of their writ petition which had been dismissed on the ground that office objections had not been removed. The High Court examined whether the petition could be reinstated despite the pending objections. It held that the petition could be restored provided the petitioners complied with the procedural requirement of removing the objections. Accordingly, the court ordered that the petition be restored on the condition that all office objections be cleared within four weeks. The interim application was therefore allowed. The order was pronounced by Justice Sandeep V. Marne on 17 August 2026.

Issues considered

  • Whether a writ petition dismissed for non‑removal of office objections can be restored by an interim application

Subjects

  • interim application
  • restoration of petition
  • office objections
  • civil appellate jurisdiction
  • high court procedure

Judgment

  2026:BHC-AS:33930

                          Renuka                                                 11-IA-6324-2026.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                          INTERIM APPLICATION NO. 6324 OF 2026
                                                                IN
                                           WRIT PETITION (ST) NO. 1503 OF 2026
                          Hemant Awasare and Ors                             ...Applicant/Petitioner
                                             V/s.

                          Kamar Infrastructure Pvt Ltd                           ...Respondent
                                                         ________________
                          None for Applicant/Petitioner.
                                                         ________________
                                                                   CORAM: SANDEEP V. MARNE, J.
                                                                   DATED: 17 AUGUST 2026.


                          P.C.:


                          1)            Interim Application is filed for restoration of the Petition
                          which is dismissed for non removal of the office objections. For reasons
                          indicated in the Application, the Writ Petition is restored, subject to the
                          condition that all office objections shall be removed within a period of
                          four weeks.


                          2)            Interim Application is allowed and disposed of.


                                                                             [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                            Page No.1 of 1
Designation: PA To Honourable Judge                        17 August 2026
Date: 18/08/2026 10:55:11


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