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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