Siddharth Gulab Daga vs Gulab Sanchayalal Daga — Bombay HC (2025) — LawSathi Research

Siddharth Gulab Daga vs Gulab Sanchayalal Daga — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 281 days condoned and Application allowed in terms of prayer clauses (a) and (b), subject to payment of Rs.25,000/- to the High Court Employees Medical Welfare Fund, Mumbai, within two weeks; on such deposit, the ad-interim relief granted by Order dated 2nd March, 2021 continues till admission of the Petition.

Issue for consideration

Whether the delay of 281 days in preferring the Application for restoration of Writ Petition (L) No.5658 of 2021 (dismissed for non-removal of office objections by Notice dated 8th March, 2024) should be condoned and the Application allowed.

Court's answer

The Court accepted, as an undertaking given to the Court, the Applicant's statement that he would pay a cost of Rs.25,000/- to the High Court Employees Medical Welfare Fund at Mumbai within two weeks of upload of the Order, for condonation of the delay.

Ratio / Principle

Subject to payment of the cost to the High Court Employees Medical Welfare Fund within the stipulated period, the delay of 281 days was condoned and the Application was allowed in terms of prayer clauses (a) and (b).

Key takeaways

If the Applicant deposits the cost within the stipulated period, the ad-interim relief granted by Order dated 2nd March, 2021 shall continue to operate till the admission of the Petition.ratio¶33

Detailed headnote1 paragraphs

Interim Application No.489 of 2025 in Writ Petition (L) No.5658 of 2021 — restoration of a Writ Petition dismissed for non-removal of office objections by Notice dated 8th March, 2024. A.S. Gadkari and Kamal Khata, JJ. condoned a delay of 281 days and allowed the Application in terms of prayer clauses (a) and (b), upon the Applicant's undertaking (accepted by the Court as such) to pay a cost of Rs.25,000/- to the High Court Employees Medical Welfare Fund at Mumbai within two weeks of upload of the Order (Bank of India (Main) Branch, Account No. 000120110001337, IFSC BKID0000001). On deposit of the cost, the ad-interim relief granted by Order dated 2nd March, 2021 is to continue to operate till the admission of the Petition.

sns 14-osia-489-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO.489 OF 2025 IN

WRIT PETITION (L) NO.5658 OF 2021

Siddharth Gulab Daga … Applicant

IN THE MATTER BETWEEN

Gulab Sanchayalal Daga & Ors. … Petitioners.

V/s.

The State of Maharashtra & Ors. … Respondents.

Ms. Neeta Jain a/w. Adv. Abhishek Rajput i/by Lex Services for the Applicant.

Mr. Amod Eklaspur i/by Adv. Richa Singh for Respondent No.4. Mr. Joel Carlos a/w. Adv. S.V. Tondwalkar i/by Adv. Komal Punjabi for the Respondent-BMC.

Mr. Milind More, Addl. GP a/w. Ms. Nazia Sheikh, AGP, for the RespondentState.

CORAM : A. S. GADKARI AND KAMAL KHATA, JJ. DATE : 24^th February 2025.

P.C.:-

This is an Application for restoration of Writ Petition (L)

No.5658 of 2021 which was dismissed for non removal of office objections

by Notice dated 8^th March, 2024.

SUMEDH NAMDEO SONAWANE

Digitally signed by SUMEDH NAMDEO SONAWANE Date: 2025.02.28 14:41:50 +0530

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sns 14-osia-489-2025.doc

There is a delay of 281 days in preferring present Application.

Learned Advocate for the Applicant on instructions submitted

that, for condonation of the said delay the Applicant/Petitioner will pay a cost of Rs.25,000/- to the High Court Employees Medical Welfare Fund at Mumbai within a period of two weeks from the date of uploading of the present Order on the official website of High Court, Mumbai. The said statement is accepted as an undertaking given to this Court.

The Bank account details are as follows:

Account Name:- The High Court Employees Medical Welfare Fund at

Mumbai.

Bank Name and Branch:- Bank of India (Main) Branch.

Account No.:- 000120110001337.

IFSC Code:- BKID0000001.

Subject to payment of cost to the said Welfare Fund within stipulated period as noted above, delay is condoned and Application is allowed in terms of prayer clauses (a) and (b).

If the Applicant deposits the said cost within stipulated period as noted above, in that event, the ad-interim relief granted by Order dated 2^nd March, 2021 to continue to operate till the admission of the Petition.

(KAMAL KHATA, J.) (A.S. GADKARI, J.)

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