Bombay High Court
DEEPAK ISHWARIPRASAD AGARWALversusM/S. AJINKYA CONSTRUCTION PVT. LTS.
- Decided
- Disposal
- Allowed
Holding
The Court restored the Civil Revision Application, subject to payment of Rs.5,000 costs.
Summary
Deepak Ishwariprasad Agarwal filed Civil Revision Application No.170/2026 but failed to comply with the Court's order to amend the pleadings by furnishing new names and addresses, leading to its dismissal for non‑compliance. The applicant subsequently filed Interim Application No.7043/2026 seeking restoration of the dismissed revision petition, alleging that a mere inadvertent lapse would cause loss of substantive rights. The respondent contended that the applicant’s conduct was unsatisfactory and that the failure to make the required amendments justified the dismissal. The Court examined the submissions and noted that substantive rights were at stake, deciding that the revision application should be restored. Restoration was conditioned upon the applicant paying a cost of Rs.5,000 to the Library of Small Causes Court, Mumbai. The interim application was disposed and the revision matter listed for hearing on 9 October 2026.
Issues considered
- Whether a Civil Revision Application dismissed for non‑compliance can be restored on an interim application
- What weight should be given to the applicant's inadvertent failure to amend versus the need to protect substantive rights
Subjects
- Civil Revision
- Restoration of dismissed application
- Non‑compliance
- Interim application
- Costs
- Substantive rights
Judgment
2026:BHC-AS:37658
Diksha Rane 69 IA 7043 2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.7043/2026
IN
CIVIL REVISION APPLICATION NO.170/2026
DEEPAK ISHWARIPRASAD AGARWAL ..APPLICANT
VS
M/S. AJINKYA CONSTRUCTION PVT.LTD. ..RESPONDENT
Adv. Rohit Jadhav i/b. Vis Legis Law Practice for applicant.
Adv. Vidita Bhalekar i/b. Adv. Ranjana Parikh for respondent.
CORAM : ARUN R. PEDNEKER, J.
DATE : 10th SEPTEMBER, 2026.
Per Court :
1. The present application is filed for restoration of the Civil
Revision Application. The applicant failed to comply with the order
of this Court in terms of carrying out the necessary amendments and
accordingly, the Civil Revision Application stood dismissed for non-
compliance of the orders of this Court.
2. Learned counsel appearing for the applicant submits that
inadvertently, the applicant failed to carry out the amendments and
submits that the substantive rights would be lost in the event of the
Civil Revision Application is not restored.
Page 1 of 2
10th SEPTEMBER, 2026
Diksha Rane 69 IA 7043 2026.docx
3. Learned counsel appearing for the respondent has
submitted that the conduct of the applicant is far from satisfactory
and that he has failed to carry out the necessary amendments. She
submits that it was responsibility of the applicant to bring on record
the new names and addresses of the applicant. After providing for
the same, the applicant had failed to carry out necessary
amendments.
4. Considering the submissions and considering the facts that
substantive rights are involved in the matter, the Civil Revision
Application is restored to file, subject to the cost of Rs.5,000/- to be
paid to the Library of Small Causes Court, Mumbai.
5. Interim Application stands disposed of accordingly.
6. List the Civil Revision Application for hearing on 9th
October, 2026.
[ ARUN R. PEDNEKER, J.]
Page 2 of 2
10th SEPTEMBER, 2026
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 12/09/2026 15:44:00
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