Anirvan Sibabrata Mukherjee vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

Anirvan Sibabrata Mukherjee vs State of Maharashtra and Anr. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay in filing the application seeking recall; recall of the order dated 13.10.2023 dismissing Criminal Writ Petition No. 3255 of 2023, subject to: (i) payment/deposit of costs of Rs. 10,000/- in the High Court Law Library account within two weeks; (ii) compliance with the order dated 13.10.2023 within 2 days, failing which the order dated 13.10.2023 shall stand restored; and (iii) service of a compliance affidavit with proof of deposit in the Registry on or before 27.04.2026.

Issue for consideration

Whether the delay in filing the Application seeking recall of the order dated 13.10.2023 (by which Writ Petition No. 3255 of 2023 was dismissed) should be condoned. +1 more

Court's answer

Delay in filing the Application seeking recall of the order dated 13.10.2023 is condoned.

Ratio / Principle

The order dated 13.10.2023 passed in Criminal Writ Petition No. 3255 of 2023 is recalled, subject to payment of cost of Rs. 10,000/-.

Key takeaways

Recall is conditional: the Applicant is to comply with the operative order within 2 days, failing which the order dated 13.10.2023 shall stand restored. (Judgment prints '13.03.2023' as the date of the order to be complied with; ¶¶24-25 state compliance with 'order dated 13.10.2023' within 2 days, so the printed date appears to be a typographical reference to the order dated 13.10.2023.)ratio¶¶26
The Applicant is to deposit the costs of Rs. 10,000/- in the High Court Law Library account (State Bank of India, Mumbai Main Branch, A/c No. 10996686636, IFSC SBIN0000300) within two weeks, and a compliance affidavit along with proof of deposit is to be served in the Registry of the Court on or before 27.04.2026.ratio¶¶27

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction (Ashwin D. Bhobe, J.; 9 April 2026): Interim Application No. 1136 of 2026 in Writ Petition No. 3255 of 2023. The Applicant sought condonation of delay in filing an application to recall the order dated 13.10.2023, by which the Writ Petition was dismissed - clause 4 of that order had required spare copies of the Petition to be supplied within one week, failing which the Petition would stand dismissed without further reference to the Court. Counsel for the Applicant (Vishwajeet Nimbalkar) owned responsibility for the inadvertent default of his office; counsel for Respondent No. 2 (Om Latpate) and the APP (Rajeshree Newton) raised no objection, provided the order dated 13.10.2023 was complied with. The Court condoned the delay and recalled the dismissal order subject to costs of Rs. 10,000/-, to be deposited in the High Court Law Library account (SBI, Mumbai Main Branch) within two weeks; compliance with the order dated 13.10.2023 (printed as '13.03.2023' in the operative clause) within two days, failing which the dismissal order stands restored; and a compliance affidavit with proof of deposit by 27.04.2026.

907-IA-1136-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1136 OF 2026

IN

WRIT PETITION NO. 3255 of 2023

Anirvan Sibabrata Mukherjee … Applicant Versus State Of Maharashtra And Anr. … Respondents

Mr. Vishwajeet Nimbalkar i/b Shailesh Kharat for the Applicant. Mr. Om Latpate i/b Kuldeep Nikam, for the Respondent No. 2. Ms. Rajeshree Newton, APP for the Respondent – State. PSI Valmik More, Hinjewadi Police Station, Pimpri Chinchwad, Pune, is present.

CORAM : ASHWIN D. BHOBE, J. DATE : 9^th April, 2026.

P.C. :

By the present Interim Application, the Applicant is seeking condonation of delay in filing an Application seeking recall of the order dated 13.10.2023, by which the Writ Petition No. 3255 of

2023 was dismissed. The order dated 13.10.2023 reads as follows:-

Heard Mr. Ponda, learned Senior Counsel for the Petitioner.

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907-IA-1136-2026.doc

Issue notice to Respondents, returnable on 7 December 2023.

Learned APP waives service of notice on behalf of State.

Spare copies of the Petition be supplied within one week, failing which Petition shall stand dismissed without further reference to the Court.

Mr. Vishwajeet Nimbalkar, learned Advocate for the Applicant states that it was an inadvertent mistake on the part of the office of the Advocate representing the Applicant that led to non-compliance of the order dated 13.10.2023 and its consequent dismissal. He submits that for the fault of the office of the learned Advocate representing the Applicant, the Applicant may not be denied an opportunity of hearing on merits. He therefore prays that this Application be allowed.

Ms. Rajeshree Newton, learned APP for the Respondent – State and Mr. Om Latpate, learned Advocate for the Respondent No. 2, submit that as the Advocate for the Applicant has owned the responsibility, they do not object to the condonation of delay as well as the recall of the order dated 13.10.2023, however on a condition that the Applicant complies with the Order dated

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907-IA-1136-2026.doc

13.10.2023.

Mr. Vishwajeet Nimbalkar, learned Advocate for the

Applicant states that order dated 13.10.2023 would be complied within a period of 2 days from today.

In view of the statements made in the Interim Application and the statements made by Mr. Vishwajeet Nimbalkar, learned Advocate for the Applicant, who has owned the responsibility for the dismissal of the Writ Petition, with the fair stand taken by Mr. Om Latpate, learned Advocate for the Respondent No. 2 and Ms. Rajeshree Newton, learned APP, this Interim Application is allowed. Delay in filing the Application seeking recall is condoned. The order dated 13.10.2023 passed in Criminal Writ Petition No. 3255 of 2023 is recalled subject to payment of cost of Rs. 10,000/-. The Applicant to comply with the order dated 13.03.2023, within a period of 2 days from today, failing which, order dated 13.10.2023 shall stand restored.

The Applicant to deposit the costs of Rs. 10,000/- in the below-mentioned account within a period of two (2) weeks from

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907-IA-1136-2026.doc

today.

Account Name :-	High Court Law Library
Account Number :-	10996686636
Bank Name :-	State Bank Of India
Branch Name :-	Mumbai Main Branch
IFSC Code :-	SBIN0000300

Compliance affidavit along with proof of deposit be served

in the Registry of this Court on or before 27.04.2026.

Interim Application is allowed in above-said terms.

(ASHWIN D. BHOBE, J.)

Digitally signed by ARJUNKRISHNA ARJUNKRISHNARODGE RODGE Date: 2026.04.09 22:16:11 +0530

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