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Bombay High Court

ARUN PRABHAKAR BANDEKARversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ORS.

Disposal
Allowed

Holding

The Court allowed the interim application, restoring the writ petition and the earlier ad‑interim relief, subject to payment of costs.

Summary

The petitioner, Arun Prabhakar Bandekar, filed an interim application seeking restoration of Writ Petition No. 5905 of 2017 after the High Court had dismissed the petition for non‑prosecution on 7 May 2026. The application was filed on 8 May 2026, invoking the need to revive the earlier proceedings. The Court examined the reasons provided in paragraph 7 of the application and found them sufficient to set aside the dismissal. It ordered that the writ petition be restored and the ad‑interim relief granted on 23 June 2017 be reinstated, subject to the petitioner paying costs of Rs.15,000 to the Bar Association’s ad‑hoc committee. The costs were to be paid within one week of the order. Consequently, the petitioner's remedy was revived, and the earlier interim relief became effective again.

Issues considered

  • Whether a writ petition dismissed for non‑prosecution can be restored on an application filed immediately thereafter

Subjects

  • restoration of writ petition
  • non‑prosecution dismissal
  • interim relief
  • costs order
  • High Court

Judgment

                                                           13-IA-638-2026 (C).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR

                      CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 638 OF 2026
                                 IN
                    WRIT PETITION NO. 5905 OF 2017

Arun Prabhakar Bandekar                              … Petitioner
                   Versus
The State Of Maharashtra                             … Respondents
Through The Secretary And Ors.



                                 ——————
Mr. Bhushan U. Deshmukh (Through V.C.) for the Petitioner.
Mr. Sanjay D. Rayrikar, A.G.P. for the Respondent-State.
                                 ——————

                            Coram :    RANJITSINHA RAJA BHONSALE, J.

                            Date   :   1st June 2026.
                                       [ VACATION COURT ]

PER COURT :

1.    This is an Application for restoration of Writ Petition No. 5905 of 2017.

2.    The record indicates that the Writ Petition was dismissed for non-

prosecution by order dated 7th May 2026, and the present Application has

been filed immediately thereafter on 8th May 2026.

3.    Considering the reasons set out in the Application, more particularly

para No.7 thereof, the Application is allowed in terms of prayer clauses (a)


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                         and (b), subject to payment of costs of Rs.15,000/- to be paid to the Bombay

                         High Court Kolhapur Bench Bar Association Ad-hoc Committee within a

                         period of one week from today. The details for payment are as follows :

                                Bank Name         : Shri Gajanan Nagari Sahakari Patsanstha Marya.,
                                                    Patolewadi, Kolhapur.
                                Account Holder    : Bombay High Court Kolhapur Bench Bar Association
                                                     Ad-hoc Committee
                                Branch            : Shahupuri, Kolhapur.
                                Account No.       : 00032010001745


                         4.    In view of above, the ad-interim relief, granted by Order dated 23 rd

                         June 2017, is restored in the Writ Petition.



                                                         [ RANJITSINHA RAJA BHONSALE, J. ]


           Digitally signed
           by OMKAR
OMKAR      SHIVAHAR
SHIVAHAR   KUMBHAKARN
KUMBHAKARN Date:
           2026.06.01
           17:08:07 +0530




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