Sagar Vasant Pawar vs the Commissioner Pcmc and Ors. — Bombay HC (2026) — LawSathi Research

Sagar Vasant Pawar vs the Commissioner Pcmc and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed and disposed of: prayer clause permitted to be amended (re-verification dispensed with); order dated 11th July 2025 of the Registrar (Judicial-I) set aside; Writ Petition (St.) No. 15681 of 2025 restored to file, subject to removal of office objections within two weeks of upload of the order as a last chance, failing which the petition to be rejected without further reference; no order as to costs.

Issue for consideration

Whether the delay of 39 days in filing the Interim Application should be condoned and the Writ Petition (St.) No. 15681 of 2025, dismissed for default for non-removal of office objections, should be restored by setting aside the orders dated 26th June 2025 and 11th July 2025 of the Registrar (Judicial-I).

Court's answer

Permission granted to amend the prayer clause of the Interim Application to add prayers for condonation of delay of 39 days and for restoration of the Writ Petition by setting aside the orders dated 26th June 2025 and 11th July 2025 passed by the Registrar (Judicial-I).

Ratio / Principle

Since the non-removal of office objections was due to the default of the Advocate's Clerk, the Applicant should not be made to suffer; the Court accordingly considered it appropriate to allow the Interim Application.

Key takeaways

The order dated 11th July 2025 passed by the Registrar (Judicial-I) is set aside and Writ Petition (St.) No. 15681 of 2025 is restored to the file of the Court.ratio¶30
As a last chance, the Applicant shall remove the office objections within two weeks from uploading of the order, failing which the Writ Petition shall be rejected without further reference to the Court.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court (R.I. Chagla and Advait M. Sethna JJ.) allowed and disposed of Interim Application No. 13625 of 2025 in Writ Petition (St.) No. 15681 of 2025 filed by Sagar Vasant Pawar, granting permission to amend the prayer clause to seek condonation of a 39-day delay in filing the application and restoration of the writ petition. The writ petition had been dismissed for default on 11th July 2025 by the Registrar (Judicial-I) for non-removal of office objections, after listings on 11th June, 26th June and 11th July 2025 at which the objections were not removed despite directions; the default was attributed to the inadvertence of the Advocate's Clerk. Holding that the Applicant should not be made to suffer for the default of the Advocate's Clerk, the Court set aside the order dated 11th July 2025 and restored the petition to its file, directing removal of office objections within two weeks of upload of the order as a last chance, failing which the petition would stand rejected without further reference to the Court. Re-verification of the amended pleading was dispensed with and there was no order as to costs.

3-IA-13625-25.doc

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 13625 OF 2025

IN

WRIT PETITION (ST.) NO. 15681 OF 2025

Shri Sagar Vasant Pawar …Petitioner

Versus

The Commissioner, Pimpri-Chinchwad Municipal Corporation & Ors. …Respondents

Mr. Gaurav Bandiwadekar for the Petitioner. Mr. G.H. Keluskar for the Respondent No. 1. Mr. S.P. Kamble, AGP for the Respondent Nos. 2 to 4-State.

CORAM : R.I. CHAGLA J ADVAIT M. SETHNA, J

DATE : 21 January 2026

ORDER :

At the outset, the learned Counsel for the Petitioner-

SHARAYU PANDURANG KHOT

Digitally signed bySHARAYU PANDURANG KHOT Date: 2026.01.27 17:56:40 +0530

Applicant has sought for permission to amend the prayer clause in the Interim Application to add prayer for condonation of delay of 39 days for filing of the present Interim Application and for restoration of the Writ Petition by setting aside the orders dated 26th June 2025 and 11th July 2025 passed by the Registrar (Judicial-I). Permission is granted.

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3-IA-13625-25.doc

Amendment shall be carried out in the prayer clause of the Interim Application forthwith.

Re-verification is dispensed with.

The Applicant has stated that the matter had been listed on 11th June 2025 before the Registrar (Judicial-I) upon filing of the Writ Petition on 29th April 2025 for removal of office objections. The matter was again listed on 26th June 2025 before the Registrar (Judicial-I) for removal of office objections. However, the office objections were not removed, inspite of directions issued by the Registrar (Judicial-I) on the said dates.

Thereafter, the matter was again listed on 11th July 2025 before the Registrar (Judicial-I), pursuant to which the office objections were again not removed. By the conditional order, the matter was dismissed for default for non removal of office objections within the stipulated period.

The Applicant has stated that the office objections had

not been removed within the stipulated period due to the

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3-IA-13625-25.doc

inadvertence of the Advocate’s Clerk.

Considering the reasons for non removal of office objections, which is due to default of the Advocate’s Clerk, the Applicant should not be made to suffer. Accordingly, we consider it appropriate to allow the Interim Application.

The order dated 11th July 2025 passed by the Registrar (Judicial-I) is set aside and the Writ Petition (St.) No. 15681 of 2025 is restored to the file of this Court.

The Applicant shall remove the office objections within a period of two weeks from uploading of this order. This is a last chance given to the Petitioner and in the event, the office objections are not removed within the stipulated period, the Writ Petition shall be rejected without further reference to the Court.

Interim Application is accordingly, disposed of. There shall be no order as to costs.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA J.]

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