TULSIRAM RAMBHAU AGRE AND ORS v. THE MAHANAGAR CO-OPERATIVE BANK LTD, AND ORS
IA/7485/2026 · 2026-10-01
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14304 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14304 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sonali Mane 12-IA-7485-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7485 OF 2026 WITH INTERIM APPLICATION NO. 7484 OF 2026 IN WRIT PETITION NO. 6355 OF 2012 Tulsiram Rambhau Agre And Anr. … Applicants IN THE MATTER BETWEEN Tulsiram Rambhau Agre And Anr. … Petitioners Versus The Mahanagar Co-Operative Bank Ltd, Anr. … Respondents Mr. P. M. Khankar for Applicants. Mr. Tulsiram R. Agre and Deoram R. Agre both Applicants in person present in Court. Mr. Y. D. Patil, AGP for Respondent-State. Mr. Prashant Sarwankar a/w Mr. Pankaj Gaikwad i/b Sarwankar & Co. for Respondent No.1. CORAM : SANDEEP V. MARNE, J. DATE : 1 OCTOBER 2026.
P.C. : 1) These Interim Applications are filed for condonation of delay and for setting aside Order dated 7 October 2019, by which the Petition has been dismissed for non prosecution. No doubt there is a delay in
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1 October, 2026 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2026.10.05 11:07:05 +0530
Sonali Mane 12-IA-7485-2026.docx applying for restoration. At the same time, this Court has noticed that the Petitioners have already deposited the entire principal amount of Rs.2,12,000/- in this Court and the said amount has been earning interest. Though the Petition was dismissed for default on 7 October 2019, it appears that the Respondent-Bank did not make any attempts to withdraw the said amount.
2) Considering the above position and with a view to grant an opportunity to the Petitioners to prosecute the Appeal on merits, I deem it appropriate to recall the Order dated 7 October 2019 by condoning the delay.
3) Both Interim Applications are accordingly allowed and the Writ Petition is restored by condoning the delay.
[SANDEEP V. MARNE, J.]
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1 October, 2026