M/S. Transworld Furtichem Pvt. Ltd. v. State Of Maharashtra Th. Office Of Govt. Pleaderand 4 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2024.08.22 11:21:17 +0530 TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2274 OF 2024 IN WRIT PETITION NO.1291 OF 2009 Transworld Furtichem Pvt. Ltd.

.. Applicant In the matter of:

Transworld Furtichem Pvt. Ltd.

.. Petitioner

Versus

State of Maharashtra and Ors.

.. Respondents Mr.Gautam Ankhad, Sr.Counsel a/w Mr.Ziyad Madon, Mr.Umang Mehta and Mr.Aamir Attar i/b M/s.Dhruve Liladhar and Co., Advocate for the Applicant / Petitioner.

Mr.Vikrant Parashurami, A.G.P. for the State. Mr.Ratnakar Singh, Advocate for the Respondent No.2. Mr.Soham Bhalerao i/b M/s.DSK Legal for the Respondent, Advocate for the Nos.3 to 5.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

1.

The above Interim Application is filed seeking condonation of delay of 489 days in filing the above Application for restoration of the above Writ Petition and which was dismissed for want of prosecution by Order dated 8th December 2022. The above Petition was originally admitted by Order dated 7th September 2009. Thereafter, on 23rd February 2010, the Petitioner was directed to deposit in this Court, a sum of Rs.1,66,70,150/- (Rupees One Crore Sixty Six Lacs Seventy Thousand One Hundred and Fifty Only) as a condition precedent for reconnection of its electricity supply. It is not in dispute that this amount has been deposited. On 8th December 2022, since none appeared on behalf of the Petitioner, the above Writ Petition was dismissed for want of prosecution.

2.

We have heard the learned Senior counsel appearing on behalf of the Petitioner as well as the learned counsel appearing on behalf of the Respondents. Having perused the Interim Application and after hearing the parties, we are satisfied that sufficient explanation is given for condoning the delay.

3.

In these circumstances, the above Interim Application is allowed and the delay is condoned. Consequently, the above Writ Petition is restored to file.

4.

The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]