M/S. Shelter Maker Pvt. Ltd. and Ors. vs Santosh v. Agarwal and Ors. — Bombay HC (2025) — LawSathi Research

M/S. Shelter Maker Pvt. Ltd. and Ors. vs Santosh v. Agarwal and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The restoration applications are allowed and the writ petitions (WP Nos. 1822, 1780, 1893, 1820, 1823 and 1824 of 2025) are restored to file; notice issued, returnable on 07.07.2025 ('High on Board'); in Writ Petition No.1780 of 2025, Mr. Rananaware waives notice on behalf of respondent No.1; petitioner directed to serve the respondents by private service and file an affidavit of service on or before 01.07.2025.

Issue for consideration

Whether the interim applications seeking restoration of the writ petitions, which were dismissed on 11.02.2025 for non-prosecution due to no appearance on behalf of the petitioners, should be allowed.

Court's answer

Ground was made out for allowing the restoration applications: the writ petitions, though circulated before a particular Bench for 11.02.2025, came to be listed before another Bench as per the extant assignment, and counsel for the petitioners could not realise this, resulting in no appearance on 11.02.2025; the Court was satisfied that ground was made out for allowing the present applications.

Ratio / Principle

The interim applications are allowed and the writ petitions are restored to file; notice is issued, returnable on 07.07.2025 ('High on Board'), with the petitioner directed to serve the respondents by private service and file an affidavit of service on or before 01.07.2025.

Detailed headnote1 paragraphs

Bombay High Court (Manish Pitale, J.), by order dated 13.06.2025, allowed six interim applications (IA Nos. 3603, 3605, 3608, 3609, 3610 and 3611 of 2025) filed by M/s. Shelter Makers (I) Pvt. Ltd. and others (applicant No.1 a company; applicant Nos.2 and 3 its directors) seeking restoration of Writ Petition Nos. 1822, 1780, 1893, 1820, 1823 and 1824 of 2025, which stood dismissed on 11.02.2025 for non-prosecution for want of appearance. The Court found that although the writ petitions had been mentioned before a particular Bench and circulation was granted for 11.02.2025, on that date the petitions came to be listed before another Bench as per the extant assignment; counsel for the petitioners were unable to realise this, resulting in no appearance. Holding that ground was made out, the Court restored the writ petitions to file, heard learned counsel for the petitioners, issued notice returnable on 07.07.2025 ('High on Board'), recorded that in Writ Petition No.1780 of 2025 Mr. Rananaware waived notice on behalf of respondent No.1, and directed the petitioner to serve the respondents by private service and file an affidavit of service on or before 01.07.2025.

910-915_IA_3603_25 & ors.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3603 OF 2025

IN

WRIT PETITION NO. 1822 OF 2025

M/s. Shelter Makers (I) Pvt. Ltd. & ors … Applicants/Petitioners

vs.

Santosh V. Agarwal and others … Respondents

ALONG WITH

INTERIM APPLICATION NO. 3605 OF 2025

IN

WRIT PETITION NO. 1780 OF 2025

ALONG WITH

INTERIM APPLICATION NO. 3608 OF 2025

IN

WRIT PETITION NO. 1893 OF 2025

ALONG WITH

INTERIM APPLICATION NO. 3609 OF 2025

IN

WRIT PETITION NO. 1820 OF 2025

ALONG WITH

INTERIM APPLICATION NO. 3610 OF 2025

IN

WRIT PETITION NO. 1823 OF 2025

ALONG WITH

INTERIM APPLICATION NO. 3611 OF 2025

IN

WRIT PETITION NO. 1824 OF 2025

PRIYAKAMBLI Digitallysigned byPRIYA KAMBLIDate:2025.06.1317:32:13+0530

Mr. Aayu Saxena a/w. Ms. Hritika Shroff, i/b. FF & Associates for applicant/petitioner.

Mr. Dhananjay Rananaware for respondent No.1 in IA/3605/2025.

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910-915_IA_3603_25 & ors.doc

Mr. Pratik Divkar, i/b. Rajni Divkar for respondent No.1 in IA/3608/2025.

Ms. Tanvi Purecha for respondent No.1 in IA/3610/2025.

Ms. Anushka Shetty, i/b. Mr. Aditya Manjrekar for respondent No.1 in IA/3611/2025.

Dr. Dhruti Kapadia, AGP for respondent No.3 in IA/3603/2025

Smt. V. S. Nimbalkar, AGP for respondent No.3 in IA/3605/2025.

Smt. Tanu N. Bharia, AGP for respondent No.3 in IA/3608/2025.

Smt. S. A. Prabhune, AGP for respondent No.3 in IA/3609/2025 and IA/3611/2025.

Mr. B. B. Dahiphale, AGP for respondent No.3 in IA/3610/2025.

CORAM : MANISH PITALE, J. DATE : 13^th JUNE, 2025

P.C. :

. The applicants in all these applications are the same persons. Applicant No.1 is a company and applicant Nos.2 and 3 are its directors.

The applications have been filed for restoration of petitions, which were dismissed by orders dated 11.02.2025 for nonprosecution, as there was no appearance on behalf of the petitioners.

Having perused the applications, this Court is inclined to grant the prayers made therein. It appears that initially, the writ petitions were mentioned before a particular Bench for circulation and accordingly, circulation was granted for 11.02.2025. But, on 11.02.2025, the petitions came to be listed before another Bench, as per the extant assignment.

The counsel for the petitioners were unable to realize that although circulation was granted by a particular Bench, the petitions

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910-915_IA_3603_25 & ors.doc

were actually listed before another. It was for this reason that there was no appearance on behalf of the applicants/original petitioners, when the petitions were listed for consideration on 11.02.2025.

In this backdrop, this Court is satisfied that ground is made out for allowing the present applications.

Accordingly, the applications are allowed. Writ petitions are restored to file.

Heard the learned counsel appearing for the petitioners in these writ petitions.

Issue notice, returnable on 07.07.2025 High on Board.

In Writ Petition No.1780 of 2025, Mr. Rananaware waives notice on behalf of respondent No.1.

Additionally, the petitioner is directed to serve the respondents by way of private service and to file an affidavit of service on or before 01.07.2025.

(MANISH PITALE, J)

Priya Kambli

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