Bombay High Court
TULSIRAM RAMBHAU AGRE AND ORSversusTHE MAHANAGAR CO-OPERATIVE BANK LTD, AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court held that the delay should be condoned and the order of dismissal for non‑prosecution set aside, thereby restoring the writ petition.
Summary
The petitioners, Tulsiram Rambhau Agre and others, filed interim applications seeking condonation of delay and setting aside a 7 October 2019 order that dismissed their writ petition for non‑prosecution. The petitioners had already deposited the principal sum of Rs.2,12,000 in the court, which was accruing interest, and the bank had not attempted to withdraw it. The primary issue was whether the court could condone the delay and restore the petition despite the earlier dismissal. The court observed that the petitioners were ready to prosecute the appeal on merits and that the respondent bank had not acted to recover the deposited amount. Accordingly, the court recalled the dismissal order, condoned the delay, and restored the writ petition. Both interim applications were allowed, permitting the petitioners to continue their proceedings.
Issues considered
- Whether the delay in filing the application can be condoned under the principles of natural justice
- Whether an order of dismissal for non‑prosecution can be set aside
- Whether the writ petition can be restored to allow the petitioners to prosecute the appeal on merits
Subjects
- condonation of delay
- non‑prosecution
- writ petition
- restoration of petition
- civil appellate jurisdiction
- interest on deposit
Judgment
Sonali Mane 12-IA-7485-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 7485 OF 2026
WITH
INTERIM APPLICATION NO. 7484 OF 2026
IN
WRIT PETITION NO. 6355 OF 2012
Tulsiram Rambhau Agre And Anr. … Applicants
IN THE MATTER BETWEEN
Tulsiram Rambhau Agre And Anr. … Petitioners
Versus
The Mahanagar Co-Operative Bank Ltd, Anr. … Respondents
Mr. P. M. Khankar for Applicants.
Mr. Tulsiram R. Agre and Deoram R. Agre both Applicants in person
present in Court.
Mr. Y. D. Patil, AGP for Respondent-State.
Mr. Prashant Sarwankar a/w Mr. Pankaj Gaikwad i/b Sarwankar & Co.
for Respondent No.1.
CORAM : SANDEEP V. MARNE, J.
DATE : 1 OCTOBER 2026.
P.C. :
1) These Interim Applications are filed for condonation of delay
and for setting aside Order dated 7 October 2019, by which the Petition
MANE
SONALI
has been dismissed for non prosecution. No doubt there is a delay in
DILIP
Digitally signed by
MANE SONALI DILIP
Date: 2026.10.05
11:07:05 +0530
___Page No.1 of 2___
1 October, 2026
Sonali Mane 12-IA-7485-2026.docx
applying for restoration. At the same time, this Court has noticed that
the Petitioners have already deposited the entire principal amount of
Rs.2,12,000/- in this Court and the said amount has been earning
interest. Though the Petition was dismissed for default on 7 October
2019, it appears that the Respondent-Bank did not make any attempts
to withdraw the said amount.
2) Considering the above position and with a view to grant an
opportunity to the Petitioners to prosecute the Appeal on merits, I
deem it appropriate to recall the Order dated 7 October 2019 by
condoning the delay.
3) Both Interim Applications are accordingly allowed and the
Writ Petition is restored by condoning the delay.
[SANDEEP V. MARNE, J.]
___Page No.2 of 2___
1 October, 2026
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