Bombay High Court

KULDEEP RAMESH KSHIRSAGARversusUNION OF INDIA THR THE SEC MINISTRY OF FINANCE, DEPT. OF REVENUE AND ORS

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The Court condoned the delay, allowed the amendment to implead GST, and recalled the dismissal, thereby restoring the writ petition.

Summary

The High Court considered an interim application filed by Kuldeep Ramesh Kshirsagar in Writ Petition No. 11447 of 2025 against the Union of India and others. The petitioner sought leave to amend the petition to implead the Goods and Services Tax (GST) as a party and requested condonation of a 75‑day delay in filing the interim application. The Court allowed the amendment, permitting GST to be impleaded as Respondent No.6, and condoned the delay, recalling its earlier order dismissing the petition for want of prosecution. Consequently, the writ petition was restored to the file for further hearing. The interim application was disposed of, and directions were issued for filing an affidavit and listing the petition for hearing on 6 October 2026.

Issues considered

Whether a delay of 75 days in filing an interim application can be condoned.
Whether the dismissal of the writ petition for want of prosecution can be recalled.
Whether the petition may be amended to implead GST as a party.

Subjects

interim application
condonation of delay
amendment
impleadment
GST
writ petition
procedural law

Judgment

                                                                    26-IA-6786-2026.doc

       Digitally
       signed by
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       PURTI
PURTI PRASAD
PRASAD PARAB
                              CIVIL APPELLATE JURISDICTION
PARAB Date:
       2026.08.31
       18:03:18
       +0530
                           INTERIM APPLICATION NO. 6786 OF 2026
                                            IN
                              WRIT PETITION NO. 11447 OF 2025

       Kuldeep Ramesh Kshirsagar                                  … Applicant
               Versus
       Union of India and Ors.                                     ... Respondents

                                  __________________________

      Mr. Sandeep Gupta for the Applicant.
      Mr. Jitendra B. Mishra a/w Mr. Ashutosh Misra for the Respondent No.1.
      Ms. Shruti Vyas, Addl. G.P. a/w Ms. Nisha Mehra, AGP for Respondent –
      State and for proposed Respondent No.6.
                             __________________________

                                          CORAM       : M. S. KARNIK AND
                                                        SANDESH D. PATIL, JJ.
                                          DATED       : 31st AUGUST, 2026.

      P.C. :

      1.                Leave to amend to implead GST as a party Respondent No.6.

      Amendment to be carried out forthwith.



      2.                The delay of 75 days in filing an Interim Application deserves

      to be condoned. For the reasons mentioned in the Application we are

      satisfied that the order passed by this Court dismissing the Petition for

      want of prosecution needs to be recalled. The Writ Petition is restored to

      file. Interim Application No. 6786 of 2026 stands disposed of.



        Purti Parab                                                                  1/2
                                                           26-IA-6786-2026.doc

                     WRIT PETITION NO. 11447 OF 2025


3.             We have heard learned Counsel for the Petitioner. We request

Ms. Vyas to appear on behalf of Respondent No.2 and the Proposed

Respondent No.6 - GST. Mr. Mishra appeared on behalf of Respondent

No.1. The Petitioner to serve copy of the Petition during the course of the

day.



4.             The affidavit in reply, if any, to be filed within three weeks

from today.



5.             List the Petition on 6th October, 2026.




(SANDESH D. PATIL, J.)                                    (M. S. KARNIK, J.)




 Purti Parab                                                              2/2

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