Diwakar Laxman Gondane v. The Maharashtra Housing And Area Development Authority

1/2 7-IA-10554-2025 (C).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10554 OF 2025 IN APPEAL FROM ORDER (ST) NO. 22533 OF 2019 Diwakar Laxman Gondane ...Applicant

Versus

The Maharashtra Housing And Area Development Authority & Ors.

...Respondents

_______ Mr. Virendra Tripathi, for the Applicant.

None for the Respondents.

_______ CORAM : ARIF S. DOCTOR, J.

rd FEBRUARY, 2026 DATE : 23 P.C.

1.

This Interim Application seeks condonation of delay of 630 days as also th October 2023, pursuant to which the captioned recall of the order dated 30 Appeal From Order came to be dismissed for default. 2.

Though served, the Respondents are not present today. Furthermore, I must note that they were never present despite notice having been issued by this Court before the Appeal From Order is dismissed for default. 3.

Heard learned counsel for the Applicant and perused the Interim Application. In my view, the same makes out sufficient cause. To permit the restoration, the substantive interest of justice would best be served if this Interim Application is allowed and the Appeal From Order is restored to the file and heard on merits.

Vaibhav

2/2 7-IA-10554-2025 (C).DOC 4.

Hence, the Interim Application is allowed in terms of prayer clauses (a) and (b), which reads thus:

"a) That this Hon'ble court be pleased to condone the delay 630 days in filing present restoration Application.

b) That this Hon'ble Court by its order and direction be pleased to recall the Order dated: 30/10/2023 and restore the A.O. (St) No. 22533 of 2019 on the file of this Hon'ble Court for being heard on merits." 5.

The Interim Application is accordingly disposed of. 6.

The office objections to be removed within a period of two weeks from today. I had considered the grant of costs. However, since the Respondents have never appeared despite being served and also despite this Court having issued notice, I am not awarding costs.

th March 2026 for restoration of AO.

7.

Stand over to 16 [ARIF S. DOCTOR, J.] Vaibhav