Bombay High Court

NIRMAN BUILDERSversusINSPECTOR GENERAL OF REGISTRATION AND CHIEF CONTROLLER OF STAMP AND ORS

Decided: 7 September 2026
Disposal: Disposed Off

Holding

The Court set aside the dismissal and conditionally restored the writ petition, condoning the delay in filing the interim application.

Summary

Nirman Builders filed a writ petition which was dismissed on 5 May 2026 for failure to remove office objections. The builder subsequently filed an interim application seeking condonation of the delay and restoration of the petition. The Court, after hearing counsel, condoned the delay, set aside the dismissal, and restored the writ petition on the condition that the builder remove any office objections within three weeks. The order further provides that if the objections are not removed within the stipulated period, the dismissal will be revived automatically. The interim application was disposed with the above directions.

Issues considered

Whether the delay in filing the interim application can be condoned.
Whether the dismissal of the writ petition for non‑removal of office objections can be set aside.
Whether the petition can be conditionally restored pending removal of office objections.

Subjects

Writ petition
Office objections
Condonation of delay
Interim relief
Restoration of petition

Judgment

2026:BHC-AS:36706

                                                                          16 ia 6879 of 2026.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                              INTERIM APPLICATION NO.6879 OF 2026
                                                IN
                                WRIT PETITION (ST) NO.5991 OF 2026

            Nirman Builders                                    ...   Applicant/Petitioner
                  versus
            Inspector General of Registration and Chief
            Controller of Stamp and Ors.                       …     Respondents

            Mr. Pranay Kothari i/by Mr. Shailendra Kanetkar, for Applicant/Petitioner.

                                CORAM:      N.J.JAMADAR, J.

                                DATE :      7 SEPTEMBER 2026

            P.C.

            1.      Heard the learned Counsel for the Applicant/Petitioner.

            2.      Learned Counsel for the Petitioner, on instructions, submits that the

            Petitioner will remove office objections within a period of three weeks.

            3.      In view of the submissions made on behalf of the Petitioner and for the

            reasons assigned in the application and to advance the cause of substantive

            justice, the delay in filing the Interim Application stands condoned; the order

            dated 5 May 2026 dismissing the Writ Petition for non-removal of office

            objections stands set aside and the Writ Petition stands restored to file,

            subject to the Petitioner removing the office objections, if any, within a period

            of three weeks from today.

            4.      In the event, the office objections are removed, list the Petition as a



            SSP                                                                 1/2
                                                                                       16 ia 6879 of 2026.doc

                      fresh matter.

                      5.       If the office objections are not removed within the stipulated period, this

                      order shall stand revived and the Writ Petition stand automatically dismissed

                      without further reference to the Court.

                      6.       Interim Application stands disposed.




                                                                           ( N.J.JAMADAR, J. )




                      SSP                                                                    2/2



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 07/09/2026 19:28:31

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