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Bombay High Court

MAHADEO PANDURANG RAUTversusTHE CENTRAL BANK OF INDIA AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the interim application is made absolute and the writ petition is restored to the file.

Summary

The writ petition filed by Mahadeo Pandurang Raut was dismissed on 26 March 2026 for want of prosecution because the petitioner failed to appear. The petitioner subsequently filed Interim Application No. 7029 of 2026 seeking restoration of the dismissed petition. The Court examined the interim application, found that the applicant had demonstrated bona fides, and held that the petition could be restored to the file. An objection was raised by Respondent No.1 regarding the jurisdiction of the bench, but the Court directed the Registry to transfer the petition if necessary, without addressing the merits. Consequently, the interim application was granted and the writ petition was reinstated. No substantive merits of the original writ petition were considered in this order.

Issues considered

  • Whether an interim application can restore a writ petition dismissed for want of prosecution
  • Whether the bench before which the writ petition is pending has jurisdiction over the subject matter

Subjects

  • interim application
  • restoration of writ petition
  • want of prosecution
  • jurisdiction
  • bench transfer
  • civil appellate jurisdiction

Judgment

                     Digitally signed
NISHA   by NISHA
        SANDEEP
SANDEEP CHITNIS
CHITNIS Date:
                                                                                 8-IA-7029-2026.doc
              2026.10.07
        12:15:24 +0530

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO. 7029 OF 2026
                                                         IN
                                            WRIT PETITION NO. 1827 OF 2021

                       Mahadeo Pandurang Raut                                  ...Applicant
                           Versus
                       The Central Bank of India and Ors.                      ...Respondents

                       Mr. Tanmay Vispute i/b Ms. Priyanka Thakur, for the Applicant.

                       Ms. Somya i/b T. N. Tripathi & Co., for the Respondent No.1.

                       Mr. M. M. Pable, A.G.P. for the Respondent-State.

                                                       CORAM: BHARATI DANGRE &
                                                              ASHISH S. CHAVAN, JJ.

                                                     DATE    : 5th OCTOBER 2026
                      P.C. :

                      1.                Interim Application No. 7029 of 2026 seeks restoration of

                      the writ petition, which was dismissed for want of prosecution on 26 th

                      March 2026, as none appeared for the petitioner.



                      2.                We have heard the learned counsel for the applicant and

                      perused the application, which, in our view, makes out a case for

                      restoring the writ petition to its file.

     N. S. Chitnis                                                                              1/2
                                                                         8-IA-7029-2026.doc


                             Considering the bona fides set out therein, the Interim

                Application is made absolute in terms of its prayer clause. The writ

                petition is restored to its file.



                3.           Learned counsel for respondent No. 1 raises an objection

                that the subject matter of the writ petition does not pertain to this

                Bench. In that event, upon verification, the Registry shall take

                appropriate steps to place the petition before the appropriate Bench.

                             We make it clear that we have not touched upon the merits

                of the matter and have merely restored the writ petition to its file.



                ASHISH S. CHAVAN, J.                        BHARATI DANGRE, J.




N. S. Chitnis                                                                           2/2


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