The Empire Bldg. Occupants Welfare Assoc. v. State Of Maharashtra, Through Its Urban Development Department

3-IA-6790-25=WP1829-04.DOC Digitally signed by PRASHANT VILAS RANE Date:

2025.12.17 17:35:08 +0530 PRASHANT VILAS RANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.6790 OF 2025 IN WRIT PETITION NO. 1829 OF 2004 The Empire Bldg. Occupants Welfare Assoc.

.

...Applicants.

In the matter between The Empire Bldg. Occupants Welfare Assoc.

.

...Petitioners

Versus

State of Maharashtra & Ors.

...Respondents

------------ Mr. Pritvish Shetty with Aashka Vore i/b. Vidhii Partners, for Petitioners. Mr. S. B. Gore, AGP for State.

Ms. Feroza Bharucha i/b. Rashmikant & Partners, for Respondent No.5. _______

CORAM:

G. S. KULKARNI & ARIF S. DOCTOR, JJ.

DATE:

5 DECEMBER 2025 P.C.

1.

This Interim Application is circulated before this Bench in pursuance of the order dated 26 November 2025 passed by the co-ordinate Bench of this Court which reads thus:- "1.Since the order of dismissal for non-prosecution dated 4th July 2025 has been passed by another Bench (Coram : G.S.Kulkarni & Arif S. Doctor, JJ.) and considering the nature of submissions made by the learned counsel appearing for the Applicants, we direct that the matter be listed before the appropriate Bench."

Accordingly, we have proceeded to hear the parties on the Interim Application. 2.

The prayer in the present application is for restoration of the Writ Petition which came to be dismissed by an order dated 4 July 2025. This Interim Application was filed on 8 October 2025. So far no written opposition is filed. 3.

There is some delay in filing the present application. In our opinion, the same has been appropriately explained. Although there is oral opposition to this Interim Application, it is in the interest of justice that the Interim Application is P.V.Rane

3-IA-6790-25=WP1829-04.DOC required to be allowed. It is accordingly allowed in terms of prayer clauses (a), (b) and (c).

4.

Considering the nature of the order dated 4 July 2025, we are of the opinion that if any ad-interim protection was granted earlier, the same also needs to be restored, considering the settled principle of law that a party ought not to suffer for the fault of the Advocate. Accordingly, ad-interim reliefs if any, granted earlier, stands restored.

5.

Office to list the petition before the appropriate Bench. (ARIF S. DOCTOR, J.) (G. S. KULKARNI, J.) P.V.Rane