Usha Shriniwas Dayama v. The State Of Maharashtra Thr Its Secretary And ORS

1026 CIVIL APPLICATION NO. 2479 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1026 CIVIL APPLICATION NO. 2479 OF 2025 IN WPST/11053/2021 Usha Shriniwas Dayama

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Adv. Dalal Arun Gopinath for Applicant Mr. A. V. Lavte AGP for State Adv. Kothari Pratik P. and Adv. Nandini Chittal for Respondent No. 2 ...

CORAM :

ARUN R. PEDNEKER AND VAISHALI PATIL-JADHAV, JJ.

DATE :

23.01.2026 P E R C O U R T :

1.

The civil application is filed for restoration of the writ petition with a delay of 725 days.

2.

Learned counsel appearing for the applicant submits that the advocate failed to notice that the matter was listed before the Registrar (Judicial). The Registrar (Judicial) passed an order directing removal of office objections within two weeks, failing which the petition stood dismissed. As the advocate failed to notice the listing of the matter, the objections remained to be carried out and consequently, the petition came to be dismissed.

ksk/ 1/2

1026 CIVIL APPLICATION NO. 2479 OF 2025 3.

It is thereafter that the advocate realised the dismissal of the petition and has moved the present application for restoration. Learned counsel submits that the delay is unintentional on account of the advocate's failure to notice that the matter was listed before the Registrar (Judicial).

4.

Learned counsel appearing for respondent no. 2 has objected to the restoration. He submits that the delay is not properly explained, the reasons cannot be said to be bona fide, and that the advocate was not diligent in prosecuting the matter. 5.

Considering that the advocate has stated that the dismissal occurred due to failure to notice the listing of the matter, this Court, in the interest of justice, sets aside the order passed by the Registrar (Judicial) to the extent of the present petitioner and condones the delay in filing the civil application.

6.

List the matter on 29.01.2026.

[VAISHALI PATIL-JADHAV, J.] [ARUN R. PEDNEKER, J.] ksk/ 2/2