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Bombay High Court

Union Of Indiaversussavita kantaram gaikwad

Decided
Disposal
Disposed Off

Holding

The Court condoned the delay, restored the writ petition, and thereafter permitted its withdrawal, disposing of it as withdrawn.

Summary

The Union of India filed a writ petition which was dismissed for default by the Registrar on 27 February 2026. The Union subsequently filed an interim application, 165 days later, seeking restoration of the dismissed petition, arguing that the delay was neither deliberate nor inordinate and citing Supreme Court precedents. The respondent opposed condonation of the delay. The Court, relying on the cited judgments, condoned the delay, restored the writ petition, and thereafter allowed the petitioner’s request to withdraw the petition because the Armed Forces Tribunal judgment had already been implemented. Consequently, the writ petition was disposed of as withdrawn.

Issues considered

  • Whether a delay of 165 days in filing an application for restoration of a dismissed writ petition can be condoned.
  • Whether the writ petition, once restored, may be withdrawn on the petitioner’s instructions.

Subjects

  • restoration of writ petition
  • condonation of delay
  • default dismissal
  • withdrawal of petition
  • procedural law

Judgment

                                                                                            (909)-IA-6847-26.odt

       PANCHAL

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
          Digitally
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
                                      INTERIM APPLICATION NO. 6847 OF 2026
          2026.09.03
          11:06:05
          +0530                                        IN
                                     WRIT PETITION (STAMP) NO. 25439 OF 2025

                       Union of India                                       ...Applicant

                       IN THE MATTER BETWEEN

                       Union of India                                       ...Petitioner
                             Versus
                       Savita Kantaram Gaikwad                              ...Respondent
                                                              ...
                       Ms. Khushi Dhamdhere i/by Ms. Anamika Malhotra, for the Applicant/
                       Petitioner.
                       Mr. Yogendra Pratap Singh (through V.C.), for the Respondent.
                                                          ...

                                                 CORAM : RAVINDRA V. GHUGE, ACJ. &
                                                         GAUTAM A. ANKHAD, J.

                                                   DATE : 2nd SEPTEMBER, 2026.


                       P.C.:
                       1.           By this Application, the Union of India prays for restoration of

                       the Writ Petition, which was dismissed for default by a conditional order

                       passed by the Registrar (Judicial-I) on 27th February, 2026. The delay caused

                       in filing this Application seeking restoration, is 165 days.




                       2.           The learned Advocate for the Respondent submits that the

                       reasons in support of condonation of delay, are not satisfactory.



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                                                               (909)-IA-6847-26.odt




3.           The learned Advocate for the Petitioner relies upon the

judgments delivered by the Hon’ble Supreme Court in Collector, Land

Acquisition, Anantnag vs. Mst. Katiji & Ors., (1987) 2 SCC 107 and Esha

Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy &

Ors., (2013) 12 SCC 649. The delay of 165 days is neither deliberate nor

inordinate. Moreover, the Applicant/Petitioner submits that, if the Writ

Petition is restored, the Petitioner desires to withdraw the Petition because

the impugned judgment of the learned Armed Forces Tribunal has already

been implemented.




4.           In view of the above, this Interim Application is allowed. Delay

is condoned. The Writ Petition stands restored at the stage, at which it was

dismissed.

                   ORDER ON THE WRIT PETITION

5.           The learned Advocate for the Petitioner submits that since the

judgment of the learned Armed Forces Tribunal has been implemented, this

Petition may be permitted to be withdrawn, on instructions.




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6.          In view of the above, the Writ Petition is disposed off as

withdrawn, on instructions.




 [GAUTAM A. ANKHAD, J.]                   [ACTING CHIEF JUSTICE]




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