Bombay High Court
SHANTABEN THAKERSHI TANK AND ORSversusTHE RESERVE BANK EMPLOYEES SNEHDHARA CO-OP. HSG. SOC. LTD. AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court condoned the delay and restored the writ petitions, recalling the dismissal order.
Summary
The petitioners filed interim applications seeking restoration of two writ petitions that had been dismissed for non‑prosecution. A delay of 115 days in filing the restoration applications was explained by a change of counsel and the new advocate’s name not appearing on the cause list, resulting in the petitioners’ absence on the hearing date of 21 March 2026. The respondents argued that the petitioners were negligent, having previously faced dismissal for similar reasons. The Court examined the procedural history, noting earlier interim orders staying impleadment and a prior restoration in October 2022, and found sufficient justification to condone the delay. Consequently, the Court condoned the delay, recalled the dismissal order of 25 March 2026, restored the writ petitions, and disposed of the interim applications.
Issues considered
- Whether the delay of 115 days in filing an application for restoration of dismissed writ petitions can be condoned.
- Whether the writ petitions can be restored despite prior dismissals for non‑prosecution and alleged negligence of the petitioners.
Subjects
- restoration of writ petition
- condonation of delay
- non‑prosecution
- interim application
- civil appellate jurisdiction
- procedural default
Judgment
Renuka Thakur 6-ia-7306-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7293 OF 2026
WITH
INTERIM APPLICATION NO. 7294 OF 2026
IN
WRIT PETITION NO. 13995 OF 2018
Shantaben Thakershi Tank and Ors. ...Applicants
V/s.
Pesi Keki Sidhwa and Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 7306 OF 2026
WITH
INTERIM APPLICATION NO. 7305 OF 2026
IN
WRIT PETITION NO. 13997 OF 2018
Shantaben Thakershi Tank and Ors. ...Applicant/Petitioner
V/s.
The Reserve Bank Employees ...Respondents
Snehdhara Co-Op. Hsg. Soc. Ltd. and
Anr
________________
Mr. Shashikant P. Chaudhari with Mrs. Snehal S. Chaudhari, Mr.
Manojkumar Singh, Mr. Puneet Shukla, Mr. Gyanprakash Pal, Mr. Pranot
Pawar and Ms. Sarita Pal i/b Maharashtra Law Associates for Applicant.
Mr. Roshan Reji i/b Mr. Sachin A. Mhatre for Respondent No. 6 in
WP/13997 of 2018 and for Respondent No. 2 in WP/13997 of 2018.
________________
Page No.1 of 3
18 SEPTEMBER 2026
Renuka Thakur 6-ia-7306-2026.docx
CORAM: SANDEEP V. MARNE, J.
DATED: 18 SEPTEMBER 2026.
P.C.:
1) The Interim Application are filed seeking restoration of the
Petitions which are dismissed for non-prosecution by order dated 25
March 2026 passed by this Court. Since there is delay of 115 days in
applying for restoration, separate Applications are filed for condonation
thereof.
2) I have heard Mr. Chaudhari, the learned counsel appearing
for the Applicants. Mr.Reji appears on behalf of Respondent No. 6/2.
3) Mr. Reji, submits that previously also the Petitions were
dismissed for non-prosecution by order dated 5 February 2019 and that
therefore Petitioners are extremely negligent in prosecuting the
Petitions and therefore equitable relief of restoration cannot be granted
in their favour.
4) It appears that there is an interim order running in favour of
the Petitioners since 5 February 2019 by which operation of the
impugned orders of impleadment is stayed. By order dated 5 July 2022,
the Petitions were dismissed on account of failure to file copies of the
Petitions for service fo notices on the Respondents. The Petitions came
to be restored by order dated 17 October 2022.
Page No.2 of 3
18 SEPTEMBER 2026
Renuka Thakur 6-ia-7306-2026.docx
5) On 21 March 2026, none appeared on the part of the
Petitioners which has led to dismissal of Petitions in default. It appears
that there has been a change in the advocates in the present case. It is
the case of Applicants that name of their current advocate was not
reflected in the cause list on account of which none remained present
before the Court on 25 March 2026. In my view, there is sufficient
justification for condonation of delay as well as for restoration of the
Petitions. Accordingly, I proceed to pass the following order:-
(i) Delay in filing the Application is condoned.
(ii) Order dated 25 March 2026 dismissing the Petitions
for non prosecution is recalled.
(iii) Writ Petitions are restored.
(iv) Interim Applications are accordingly disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.3 of 3
Designation: PA To Honourable Judge 18 SEPTEMBER 2026
Date: 21/09/2026 15:23:14
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