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Bombay High Court

TULSIRAM RAMBHAU AGRE AND ORSversusTHE MAHANAGAR CO-OPERATIVE BANK LTD, AND ORS

Decided
Disposal
Disposed Off

Holding

The Court condoned the delay, set aside the dismissal order, and restored the writ petition.

Summary

The petitioners filed interim applications seeking condonation of delay and setting aside of an order dated 7 October 2019 that dismissed their writ petition for non‑prosecution. The court noted that the petitioners had already deposited the principal sum of Rs.2,12,000 in the court, which was accruing interest, and that the respondent bank had not attempted to withdraw the amount. Considering these facts, the court deemed it appropriate to allow the petitioners an opportunity to prosecute the appeal on its merits. Consequently, the court recalled the dismissal order, condoned the delay, and restored the writ petition. The interim applications were therefore allowed, enabling the petitioners to continue with their proceedings.

Issues considered

  • Whether the delay in filing the application for condonation of delay can be condoned
  • Whether the order of dismissal for non‑prosecution can be set aside and the writ petition restored

Subjects

  • condonation of delay
  • restoration of petition
  • non‑prosecution dismissal
  • interim application
  • civil appellate jurisdiction

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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