Bombay High Court

ALKA UTTAM PARANDE AND ORSversusTANNA GREEN CO OP HSG SOC LTD AND ORS

Decided: 8 September 2026
Disposal: Disposed Off

Holding

The court set aside the dismissal order and restored the writ petition, subject to the petitioners removing the office objections within two weeks.

Summary

The petitioners, Alka Uttam Parande and others, filed a writ petition (ST) seeking relief against the respondents, Tanna Green CHSL and others. The trial court had dismissed the petition on 02/07/2026 on the ground that the petitioners had not removed an office objection. The petitioners filed an interim application challenging that dismissal, arguing that the dismissal was premature and contrary to the interests of substantive justice. The High Court, after hearing counsel, held that the dismissal was not warranted and that the petition should be allowed to proceed. Consequently, the court set aside the earlier dismissal order and restored the petition, imposing a condition that the petitioners remove the office objections within two weeks. The order aims to balance procedural compliance with the need to adjudicate the substantive issues promptly.

Issues considered

Whether the dismissal of the writ petition for non-removal of office objection is legally valid
Whether the court can set aside its own dismissal order in an interim application to further substantive justice

Subjects

interim application
office objection
writ petition
civil appellate jurisdiction
restoration of petition
procedural compliance

Judgment

ANANT                                                                                   22.IA.7039.2026.doc
KRISHNA
NAIK
Digitally signed
by ANANT
KRISHNA NAIK
Date: 2026.09.09
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:28:40 +0530

                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 7039 OF 2026
                                                      IN
                                        WRIT PETITION (ST) NO. 9726 OF 2026

                   Alka Uttam Parande And Ors                                    ...Applicants/Petitioners
                         Versus
                   Tanna Green CHSL & Ors                                        ...Respondents

                   Mr. Satyajeet Digh for the Applicants/Petitioners.
                   Mr. Harshad Inamdar for Respondents.


                                                     CORAM         : N. J. JAMADAR, J.

                                                     DATE          : 8th SEPTEMBER, 2026

                   P.C.

                   1.     Heard learned Counsel for the Applicants/Petitioners

                   2.     For the reasons assigned in the Interim Application and to advance the cause of

                   substantive justice, the order dated 02/07/2026 dismissing the Petition for non-

                   removal of office objection stands set aside and the Petition stands restored to file

                   subject to the Petitioner removing the office objections within a period of two weeks.



                                                                          ( N. J. JAMADAR, J. )




                   Akn                                      1

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