Allowed¶17

Nazir Bappamiya Kudai v. Ramsundar Salikram Gupta and Ors.

Bombay HC4 Jul 2025IA/8998/2024

Case brief

AI extract

What is this about?

Interim Application 8998/2024; restoration of writ petition; Writ Petition (ST) 14408/2019; dismissal for non-removal of office objections; order dated 19.04.2022 set aside; four weeks to remove office objections; list for admission as fresh matter; recall on default; Bombay High Court; Jamadar, J.; Nazir B Kudai v. Ramsundar S Gupta & Ors.

What did the court decide?

Restoration of Writ Petition (Stamp) No. 14408 of 2019 by setting aside the dismissal order dated 19 April 2022, subject to removal of all office objections within four weeks from upload of the order; on compliance, listing for admission as a fresh matter; on default, recall of the order and dismissal of the petition without further reference. ¶17

Nazir Bappamiya Kudai vs Ramsundar Salikram Gupta and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether Interim Application No. 8998 of 2024, seeking restoration of Writ Petition (Stamp) No. 14408 of 2019 which was dismissed for non-removal of office objections, deserves to be allowed.

¶16

Court's answer

For the reasons assigned in the Application and to advance the cause of substantive justice, the Application deserves to be allowed and stands allowed in terms of prayer clauses (a) and (b).

¶17

Ratio / Principle

The order dated 19 April 2022 dismissing Writ Petition (Stamp) No. 14408 of 2019 for non-removal of office objections stands set aside.

¶18

Key takeaways

The Writ Petition stands restored to file, subject to the Applicant removing all office objections within a period of four weeks from the date of uploading of the order.ratio¶18
In the event office objections are removed within the stipulated period, the Writ Petition is to be listed for 'Admission' as a fresh matter.ratio¶22
In case office objections are not removed within the stipulated period, the order shall stand recalled and Writ Petition (Stamp) No. 14408 of 2019 shall stand dismissed without further reference to the Court.

Detailed headnote1 paragraphs

Bombay High Court (N. J. Jamadar, J.), 4 July 2025 — Interim Application No. 8998 of 2024 in Writ Petition (ST) No. 14408 of 2019 (Nazir B Kudai v. Ramsundar S Gupta & Ors): Application allowed in terms of prayer clauses (a) and (b). The order dated 19.04.2022 dismissing the writ petition (stamp) for non-removal of office objections is set aside and the petition is restored to file, subject to removal of all office objections within four weeks from upload of the order; on compliance the petition is to be listed for admission as a fresh matter, failing which the restoration order stands recalled and the petition stands dismissed without further reference to the Court.

Nazir Bappamiya Kudai v. Ramsundar Salikram Gupta and Ors.

Case brief

What is this about?

What did the court decide?

Nazir Bappamiya Kudai v. Ramsundar Salikram Gupta and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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