Bombay High Court
NEW KHWAJA GARIB NAWAZ CO OP HSG SOC THR ITS CHIEF PROMOTERversusDEPUTY REGISTRAR OF CO OP SOC AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the interim application is made absolute and the writ petition is restored to the file.
Summary
The applicant, New Khwaja Garib Nawaz CHS, filed an interim application seeking restoration of its writ petition that had been dismissed on 4 March 2026 for want of prosecution. The petition had been dismissed because the applicant failed to pursue the proceedings. The learned counsel for the applicant argued that the dismissal was premature and that the applicant was ready to prosecute the petition. The Court examined the interim application and was satisfied that the applicant acted in good faith. Consequently, the Court made the interim application absolute and ordered that the writ petition be restored to the file. The petition is now reinstated for further hearing.
Issues considered
- Whether a writ petition dismissed for want of prosecution can be restored on an interim application.
Subjects
- writ petition
- restoration
- want of prosecution
- interim application
- civil appellate jurisdiction
- Bombay High Court
Judgment
15-IA-6562-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.6562 OF 2026
IN
WRIT PETITION NO.2843 OF 2026
New Khwaja Garib Nawaz CHS ....Applicant
V/S
Deputy Registrar of Co-Op. SOC. & Anr. ....Respondents
Ms.Afsha Khan i/b Mr.Mikhail Dey for the Applicant.
Mr.B.V. Samant, Addl. GP a/w Mr.M.M. Pable, AGP for State.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 24th AUGUST 2026
P.C. :
1 The Interim Application seek restoration of the Writ
Petition which was dismissed for want of prosecution on
04/03/2026.
2 Heard the learned counsel for the Applicant and perused
the Application.
Being satisfied with the bonafides, Interim Application is
made absolute.
Petition is restored to its file.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
Digitally signed
RAJSHREE by RAJSHREE
KISHOR KISHOR MORE
MORE Date: 2026.08.25
10:14:07 +0530
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