Bombay High Court

VAISHALI SUNIL DESAIversusTHE CHIEF EXECUTIVE OFFICER

Decided: 7 September 2026
Disposal: Allowed

Holding

The Court held that the writ petition should be restored and set aside the dismissal order.

Summary

The petitioner, Vaishali Sunil Desai, filed an interim application seeking restoration of her writ petition which had been dismissed for want of prosecution because she was unrepresented when the matter was called out. The Court examined the averments in the interim application and, invoking the interest of justice, set aside the dismissal order dated 19 August 2026. Consequently, the writ petition was restored to the Court's file and the interim application was allowed. The Court directed that a reply affidavit be filed within two weeks and scheduled the writ petition for admission on 28 September 2026.

Issues considered

Whether the writ petition dismissed for want of prosecution should be restored on the ground of interest of justice?

Subjects

interim application
restoration of writ petition
want of prosecution
interest of justice
civil appellate jurisdiction

Judgment

                                                                                          12-IA-7024-2026.DOC



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                        INTERIM APPLICATION NO. 7024 OF 2026
                                                         IN
                                           WRIT PETITION NO. 18005 OF 2024

                      Vaishali Sunil Desai                                      ...Applicant/Petitioner
                            Versus
                      The Chief Executive Officer & Ors.                        ...Respondents
                                                             _______
                      Mr. Mahendra Agvekar a/w Shraddha Chavan for Applicant.
                      Mr. S. H. Kankal, AGP for Respondent-State.
                      Mr. Sandeep Mishra a/w Madhura Mulay for Respondent No.1.
                                                        _______
                                                CORAM:      G. S. KULKARNI &
                                                            DR. NEELA GOKHALE, JJ.
                                                DATE:       07th SEPTEMBER 2026

                      P.C.

                      1.     By this interim application, the applicant/petitioner has prayed for
                      restoration of the writ petition, which came to be dismissed for want of
                      prosecution, as the petitioner was not represented when the matter was called out.

                      2.     We have perused the averments as made in the interim application.

                      3.     Considering the averments as made in the interim application, it is in the
                      interest of justice that the application is granted. It is accordingly granted. Order
                      dated 19th August 2026 is set aside. The petition is restored to the file of this Court.

                      4.     Interim Application, accordingly, stands allowed.

                      5.     Let the reply affidavit to the petition be filed within a period of two weeks
                      from today.

                      6.     Writ petition be listed on 28th September 2026 for admission.



                      (DR. NEELA GOKHALE, J)                                    (G. S. KULKARNI, J.)


AJIT
RAMESH
PATHRIKAR
Digitally signed by
AJIT RAMESH
PATHRIKAR
Date: 2026.09.08
10:21:00 +0530
                                                          Page 1 of 1
                      Ajit

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