Golden Jubilee Technical Institute v. Mr. Shaikh Ahmed Husain And ORS

55-IA-303-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 303 OF 2026 IN WRIT PETITION (ST) NO. 28081 OF 2023 Golden Jubilee Education Trust ...Applicant

IN THE MATTER BETWEEN

Golden Jubilee Education Trust And Anr.

... Petitioners

Versus

Mr. Shaikh Ahmed Husain And Ors

...Respondents

------ Ms. Manjiri Parasnis a/w Ms. Shrushti Kale, for the Petitioners. ------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : April 15, 2026 P. C. :

1.

Interim Application has been preferred seeking recall of the order of 30th April, 2024 passed by the Registrar by which the Petition came to be dismissed for non-removal of office objections. 2.

Learned counsel for the Applicant would fairly submit that it was due to some miscommunication that the office objections could not be removed and that the dismissal of the Petition did not come to the notice of the Advocate by reason of which there is delay of about eight months.

Arya 1 of

55-IA-303-2026.doc 3.

It is fairly submitted that on account of default on part of the Advocate, the office objections could not be removed. The litigant cannot be made to suffer for default on part of the Advocate. 4.

Considering the delay of eight months caused in filing the present application, the ends of justice would be met by imposing cost and recalling the order of 30th April, 2024.

5.

In view of the above, the order of 30th April, 2024 is recalled subject to payment of cost of Rs. 10,000/- to be paid to Kirtikar Library and removal of office objections within a period of two weeks. Interim Application is allowed. Writ Petition is restored to file. WRIT PETITION (ST) NO. 28081 OF 2023 6.

List the Writ Petition on 30th April, 2026.

[SHARMILA U. DESHMUKH, J.] Arya 2 of