Dhanraj S/O Ramdas Palwe v. The Regional Provisional Fund Commissioner, Akola And Another

2026:BHC-NAG:6004 1 11. CAO 334 of 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.334 OF 2026 IN MISC. CIVIL APPLICATION (STAMP) NO.3881 OF 2026 IN WRIT PETITION NO.6131 OF 2024 DHANRAJ S/O RAMDAS PALWE

VERSUS

THE REGIONAL PROVISIONAL FUND COMMISSIONER, AKOLA AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. S.S. Kulkarni, Advocate for Petitioner.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 18th APRIL 2026 1.

Heard learned Advocate for the petitioner.

2.

This is an application for condonation of delay of 308 days in filing the application for restoration of writ petition, which was dismissed in default for failure to supply the copies for effecting service upon the respondents.

3.

Learned Advocate for the petitioner submits that the delay of 308 days occurred since the petitioner was not aware about the conditional order and failed to mark the matter inadvertently. She submits that the delay in unintentional and needs to be condoned, so that the petition is decided on merits.

4.

Having regard to the contents of the application and submissions advanced, the delay of 308 days does not appear to be intentional and deserves to be condoned in the interest of justice. Hence, the application is allowed and the delay of 308 day in filing

2 11. CAO 334 of 2026.odt the application for restoration of writ petition is condoned, however, subject to costs of Rs.3,000/- (Rupees Three Thousand Only), to be deposited by the petitioner in Public Welfare Account, which is ordered to be opened vide order dated 12.01.2026, passed in SMPIL No.01 of 2021, within a period of two weeks from today. 5.

The civil application is accordingly disposed of. MISC. CIVIL APPLICATION (STAMP) NO.3881 OF 2026 6.

This is an application for restoration of writ petition, which was dismissed in default for failure to supply the copies for effecting service upon the respondents.

7.

Learned Advocate for the petitioner submits that the petitioner desires to contest the petition on merits and he is ready to supply the copies for effecting service upon the respondents. 8.

Having regard to the contents of the application and submissions advanced, the application for restoration of writ petition is allowed. The order dated 04.04.2025, passed by the Registrar (Judicial), is quashed and set-aside. The writ petition be restored to its original file. After the petition is restored, the petitioner is directed to supply the copies within a period of two weeks. 9.

In view of the above, the miscellaneous civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) asd