Bombay High Court
MINAKSHI JAYWANT PARDI AND ORSversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
- Decided
- Disposal
- Allowed
Holding
The Court held that sufficient cause existed to condone the delay, quashed the dismissal order, and restored the writ petition.
Summary
The applicants filed an interim application seeking restoration of their writ petition, which had been dismissed on 29 April 2026 for failure to remove office objections. They also prayed for condonation of the delay in filing this application. The Court, after hearing counsel, found that sufficient cause existed to condone the delay and set aside the dismissal. Consequently, the order dated 29 April 2026 was quashed and the writ petition was restored. The Court directed the applicants to remove the office objections within two weeks and ordered no costs.
Issues considered
- Whether the delay in filing the application for restoration of the writ petition can be condoned.
- Whether the dismissal of the writ petition for non‑removal of office objections can be set aside and the petition restored.
Subjects
- interim application
- restoration of writ petition
- condonation of delay
- office objections
- civil appellate jurisdiction
Judgment
Digitally 903-IA-6361-2026.DOC
signed by
AJIT
AJIT RAMESH
RAMESH PATHRIKAR
PATHRIKAR Date:
2026.08.17
11:17:43 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6361 OF 2026
IN
WRIT PETITION NO. 5625 OF 2026
Minakshi Jaywant Pardi & Ors. ...Applicants
Versus
The State Of Maharashtra
Finance Dept & Ors. ...Respondents
_______
Mr. Vivek B. Rane i/b Ashwin Kapadia for Applicant.
Shri P. P. Kakade, AGP a/w Ms. Nisha M. Mehra, AGP for Respondent-State.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 14th AUGUST 2026
P.C.
1. By this interim application, the applicant/petitioner has prayed for
restoration of the writ petition, which came to be dismissed pursuant to the order
dated 29.04.2026 on account of non-removal of the office objections. There is also
a prayer for condonation of delay in taking out this application for restoration.
2. Having perused the averments as made in the application and having heard
learned Counsel for the applicant/petitioner, in our opinion, sufficient cause has
been made out for condonation of delay and for restoration of the writ petition.
Hence, the order dated 29.04.2026 is quashed and set aside.
3. The applicant/petitioner shall remove the office objections within a period of
two weeks from today.
4. We, accordingly, allow the interim application in terms of prayer clause (a)
and (b). Disposed of. No costs.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
Page 1 of 1
Ajit
Checking your session…