Shree Ganesh Forgings Ltd. vs Union of India through Its Secretary Ministry of Commerce and Industry Govt of India and 2 Ors. — Bombay HC (2025) — LawSathi Research

Shree Ganesh Forgings Ltd. vs Union of India through Its Secretary Ministry of Commerce and Industry Govt of India and 2 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The delay of 184 days was condoned: the order dated 19th April 2023 dismissing Writ Petition No. 267 of 2022 was recalled and set aside and the Writ Petition was restored to file, subject to the Applicant/Petitioner paying costs of Rs.25,000/- to the Tata Memorial Centre, Cancer Research Institute, Mumbai within two weeks and filing the payment receipt in the Registry; if the costs are not paid within the stipulated period, the Interim Application shall stand dismissed without further reference to the Court; no interim relief was granted in the Writ Petition.

Issue for consideration

Whether the delay of 184 days in filing the Interim Application seeking recall of this Court's order dated 19th April 2023 dismissing Writ Petition No. 267 of 2022 (for non-prosecution) should be condoned and the Writ Petition restored to file.

Court's answer

Though not fully satisfied with the explanation given in the Interim Application, the Court was inclined to restore the Petition so that the Applicant may get a chance to redress his grievances on the merits.

Ratio / Principle

Looking at the conduct of the party (successive non-appearances), the Court held that the Applicant ought to pay costs of Rs.25,000/- as a condition precedent for restoration of the Writ Petition.

Key takeaways

The order dated 19th April 2023 dismissing the Writ Petition was recalled and set aside, and the Writ Petition was restored to file.ratio¶27
The restoration was made subject to the Applicant/Petitioner paying costs of Rs.25,000/- to the Tata Memorial Centre, Cancer Research Institute, Mumbai within a period of two weeks.ratio¶27
Once the costs are paid, the receipt evidencing payment of costs is to be filed in the Registry of this Court and kept on the file of the above matter.

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Coram: B. P. Colabawalla & Firdosh P. Pooniwalla, JJ.; decided January 27, 2025. Interim Application No. 3883 of 2024 in Writ Petition No. 267 of 2022 (Shree Ganesh Forgings Ltd v. Union of India & Ors) sought condonation of a delay of 184 days to recall this Court's order dated 19th April 2023 dismissing the Writ Petition for non-prosecution, after none appeared for the Petitioner when the matter was listed on 2nd February 2023, 13th March 2023 and 19th April 2023 (captioned 'for dismissal'); the explanation tendered was that the advocate inadvertently missed the listing. Though not fully satisfied with the explanation, and considering the conduct of the party, the Court recalled and set aside the order dated 19th April 2023 and restored the Writ Petition to file, subject to the Applicant/Petitioner paying costs of Rs. 25,000/- to the Tata Memorial Centre, Cancer Research Institute, Mumbai within two weeks as a condition precedent, the receipt of payment to be filed in the Registry; failing payment within the stipulated period, the Interim Application was to stand dismissed without further reference. It was clarified that no interim relief had been granted in the Writ Petition. The Interim Application was disposed of accordingly.

4.ia.3883.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3883 OF 2024 IN WRIT PETITION NO.267 OF 2022

Shree Ganesh Forgings Ltd

.. Applicant/Petitioner

Versus

Union of India & Ors .. Respondents

Mr. Rajat Dighe , with Mr. Ganesh Kamat i/b V. Rama Rao & Associates, Advocates for the Petitione r.

Mr. Shubham Saraf i/b Pavan Patil , Advocates for Respondent No.1-UOI.

Digitally signed ANJALI by ANJALITUSHAR TUSHAR ASWALE ASWALE Date: 2025.01.2814:50:57 +0530

Mr. M. S. Bharadwaj with Vikas K. Salgia, Advocates for Respondent Nos.2 and 3.

CORAM: B. P. COLABAWALLA &

FIRDOSH P. POONIWALLA, JJ.

DATE: JANUARY 27, 2025

P. C.

The above application has been filed to condone the delay of 184

days to recall the order dated 19^th April 2023 dismissing the above Writ Petition.

From the record it appears that when the matter was on Board on 2^nd February 2023, none appeared on behalf of the Petitioner. It was

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therefore stood over to 13^th March 2023. Thereafter, again on 13^th March 2023, none appeared on behalf of the Petitioner. The matter was therefore stood over to 19^th April 2023 under the caption ‘for dismissal’. On 19^th April 2023, again none appeared on behalf of the Petitioner. In these circumstances, the Court was of the opinion that the Petitioner has lost interest in prosecuting the above Petition and hence dismissed the same for non prosecution. The reason given for non appearing on the aforesaid dates is that the advocate inadvertently missed the listing of the matter and due to which the matter was dismissed. It is stated that the non appearance was neither intentional nor deliberate and therefore prayed for condoning the delay and to restore the Petition on the file of this Court.

Though we are not fully satisfied with the explanation given in the Interim Application, we are only inclined to restore it so that the Applicant may get chance to redress his grievances on the merits. However, looking at the conduct of the party, we are of the opinion that the Applicant ought to have pay the costs of Rs.25,000/- as a condition precedent for restoration of the above Writ Petition.

In view of the foregoing discussion, the following order is passed:-

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a) The order dated 19^th April 2023 is hereby recalled and set aside and the above Writ Petition is restored to file, subject to the Applicant/Petitioner paying costs of Rs.25,000/- to the Tata Memorial Centre, Cancer Research Institute, Mumbai within a period of two weeks from today.

b) Once the costs are paid, the receipt evidencing the payment of costs shall be filed in the Registry of this Court and kept in the file of the above matter.

c) It is needless to clarify that if the costs are not paid within the stipulated period, the above Interim Application shall stand dismissed without further reference to the Court.

It is also further clarified that there is no interim relief granted in the above Writ Petition.

The Interim Application is disposed of in the aforesaid terms.

Aswale

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This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]

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