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2026 DAILYLAW 6007 (BOM)

Union Of India v. savita kantaram gaikwad

IA/6847/2026 · 2026-09-02

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Judgment text

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(909)-IA-6847-26.odt PANCHAL IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6847 OF 2026 IN WRIT PETITION (STAMP) NO. 25439 OF 2025 Union of India ...Applicant IN THE MATTER BETWEEN Union of India ...Petitioner Versus Savita Kantaram Gaikwad ...Respondent ... Ms. Khushi Dhamdhere i/by Ms. Anamika Malhotra, for the Applicant/ Petitioner. Mr. Yogendra Pratap Singh (through V.C.), for the Respondent. ... CORAM : RAVINDRA V. GHUGE, ACJ. & GAUTAM A. ANKHAD, J. DATE : 2nd SEPTEMBER, 2026. P.C.: 1. By this Application, the Union of India prays for restoration of the Writ Petition, which was dismissed for default by a conditional order passed by the Registrar (Judicial-I) on 27th February, 2026. The delay caused in filing this Application seeking restoration, is 165 days. 2. The learned Advocate for the Respondent submits that the reasons in support of condonation of delay, are not satisfactory. 1 BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2026.09.03 11:06:05 +0530 (909)-IA-6847-26.odt 3. The learned Advocate for the Petitioner relies upon the judgments delivered by the Hon’ble Supreme Court in Collector, Land Acquisition, Anantnag vs. Mst. Katiji & Ors., (1987) 2 SCC 107 and Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy & Ors., (2013) 12 SCC 649. The delay of 165 days is neither deliberate nor inordinate. Moreover, the Applicant/Petitioner submits that, if the Writ Petition is restored, the Petitioner desires to withdraw the Petition because the impugned judgment of the learned Armed Forces Tribunal has already been implemented. 4. In view of the above, this Interim Application is allowed. Delay is condoned. The Writ Petition stands restored at the stage, at which it was dismissed. ORDER ON THE WRIT PETITION 5. The learned Advocate for the Petitioner submits that since the judgment of the learned Armed Forces Tribunal has been implemented, this Petition may be permitted to be withdrawn, on instructions. 2 (909)-IA-6847-26.odt 6. In view of the above, the Writ Petition is disposed off as withdrawn, on instructions. [GAUTAM A. ANKHAD, J.] [ACTING CHIEF JUSTICE] 3