M/S. Shelter Maker Pvt Ltd And ORS v. Santosh V. Agarwal And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3603 OF 2025 IN WRIT PETITION NO. 1822 OF 2025 M/s. Shelter Makers (I) Pvt. Ltd. & ors ... Applicants/Petitioners vs.

Santosh V. Agarwal and others ... Respondents ALONG WITH INTERIM APPLICATION NO. 3605 OF 2025 IN WRIT PETITION NO. 1780 OF 2025 ALONG WITH INTERIM APPLICATION NO. 3608 OF 2025 IN WRIT PETITION NO. 1893 OF 2025 ALONG WITH INTERIM APPLICATION NO. 3609 OF 2025 IN WRIT PETITION NO. 1820 OF 2025 ALONG WITH INTERIM APPLICATION NO. 3610 OF 2025 IN WRIT PETITION NO. 1823 OF 2025 ALONG WITH INTERIM APPLICATION NO. 3611 OF 2025 IN WRIT PETITION NO. 1824 OF 2025 Mr. Aayu Saxena a/w. Ms. Hritika Shroff, i/b. FF & Associates for applicant/petitioner.

Digitally signed by PRIYA KAMBLI Date:

2025.06.13 17:32:13 +0530 PRIYA KAMBLI Mr. Dhananjay Rananaware for respondent No.1 in IA/3605/2025. 1/3

Mr. Pratik Divkar, i/b. Rajni Divkar for respondent No.1 in IA/3608/2025. Ms. Tanvi Purecha for respondent No.1 in IA/3610/2025. Ms. Anushka Shetty, i/b. Mr. Aditya Manjrekar for respondent No.1 in IA/3611/2025.

Dr. Dhruti Kapadia, AGP for respondent No.3 in IA/3603/2025 Smt. V. S. Nimbalkar, AGP for respondent No.3 in IA/3605/2025. Smt. Tanu N. Bharia, AGP for respondent No.3 in IA/3608/2025. Smt. S. A. Prabhune, AGP for respondent No.3 in IA/3609/2025 and IA/3611/2025.

Mr. B. B. Dahiphale, AGP for respondent No.3 in IA/3610/2025. CORAM : MANISH PITALE, J.

DATE :

13th JUNE, 2025 P.C. :

.

The applicants in all these applications are the same persons. Applicant No.1 is a company and applicant Nos.2 and 3 are its directors.

2.

The applications have been filed for restoration of petitions, which were dismissed by orders dated 11.02.2025 for nonprosecution, as there was no appearance on behalf of the petitioners. 3.

Having perused the applications, this Court is inclined to grant the prayers made therein. It appears that initially, the writ petitions were mentioned before a particular Bench for circulation and accordingly, circulation was granted for 11.02.2025. But, on 11.02.2025, the petitions came to be listed before another Bench, as per the extant assignment.

4.

The counsel for the petitioners were unable to realize that although circulation was granted by a particular Bench, the petitions 2/3

were actually listed before another. It was for this reason that there was no appearance on behalf of the applicants/original petitioners, when the petitions were listed for consideration on 11.02.2025. 5.

In this backdrop, this Court is satisfied that ground is made out for allowing the present applications.

6.

Accordingly, the applications are allowed. Writ petitions are restored to file.

7.

Heard the learned counsel appearing for the petitioners in these writ petitions.

8.

Issue notice, returnable on 07.07.2025 High on Board. 9.

In Writ Petition No.1780 of 2025, Mr. Rananaware waives notice on behalf of respondent No.1.

10.

Additionally, the petitioner is directed to serve the respondents by way of private service and to file an affidavit of service on or before 01.07.2025.

(MANISH PITALE, J) Priya Kambli 3/3