Bombay High Court

SHAILESH JAYWANT PATILversusSHRIKANT D MHATRE SINCE DEC THR LRS

Decided: 29 September 2026
Disposal: Disposed Off

Holding

The registrar’s order dated 4 May 2026 is quashed and set aside, and the petition is restored with a four‑week extension to remove objections.

Summary

The petitioner, Shailesh Jaywant Patil, filed an interim application challenging a registrar’s direction dated 4 May 2026 that required removal of office objections within two weeks or face dismissal. The petitioner’s counsel argued that the advocate on record was on maternity leave and could not meet the deadline. The court considered whether the registrar’s order should be set aside due to the petitioner’s inability to comply because of the advocate’s leave. The judge held that the registrar’s order was not absolute and could be quashed in view of the exceptional circumstance. Consequently, the writ petition was restored to the file and the petitioner was granted a four‑week period to remove the objections. The order effectively reinstated the petition and provided additional time for compliance.

Issues considered

Whether the registrar’s direction to remove office objections within two weeks should be set aside due to the petitioner’s advocate being on maternity leave.

Subjects

interim relief
procedural default
office objections
maternity leave
civil procedure

Judgment

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 6825 OF 2026
                                  IN
                   WRIT PETITION (ST) NO. 4476 OF 2026


Shailesh Jaywant Patil                                   .. Applicant

            Vs.
Shrikant D. Mhatre (since deceased) & Anr.               .. Respondents


Adv. Jamsheed Master i/b. Adv. Natasha Bhat, for the Applicant.

                                  CORAM : ARUN R. PEDNEKER, J.
                                  Date : 29th SEPTEMBER 2026

P.C. :


1.       Heard learned Counsel for the parties.

2.       The learned Counsel for the Petitioner submits that the matter was

listed before the Registrar on 4th May 2026 and directions were issued to

remove the office objections within two weeks, failing which, the matter was

to be dismissed.

3.       Learned Counsel for the Petitioner submits that at the relevant time

the Advocate on record for the Petitioner was on maternity leave and could

not comply with the direction of the Registrar. The reasons stated, the order

of the Registrar dated 4th May 2026 is quashed and set aside.

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13.IA.6825.2026.doc                                             Sufiyan Syed - PA
4.      The Writ Petition (st) No. 4476 of 2026 is restored to its file. The

Petitioner is granted four weeks to remove office objections.



                                                (ARUN R. PEDNEKER, J.)




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13.IA.6825.2026.doc                                             Sufiyan Syed - PA

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