907-IA-6186-2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 6186 OF 2026 IN WRIT PETITION NO. 3572 OF 2024 Vishal Pradeep Sharma ...Applicant(s) Versus Kishore Baldev Ahuja ...Respondent(s) ______ Mr. Sujit Upadhyay i/b Adv. T. J. Sodhi, for the Applicant. Adv. P.R. Rathod with Mr. Yogesh Rathod, for the Respondent. _______ CORAM: AARTI SATHE, J. DATE: 11th SEPTEMBER, 2026 P.C. 1. Heard learned counsel for the parties on this Interim Application which is filed praying for condonation of delay and for restoration of Writ Petition No. 3572 of 2024 which was dismissed for want of prosecution on 15th January, 2025. The delay which is sought to be condoned is of 64 days. 2. There is no written opposition filed to this Application. Mr. P.R. Rathod, learned counsel appearing on behalf of the Respondent although has orally opposed this Application vehemently, he would not dispute the well settled position in law in a catena of judgments of the Supreme Court in regard to the principles to be followed on condonation of the delay and more particularly he would not dispute that, in the clear facts and circumstances of the case, as set out in Tiwari 907-IA-6186-2026.DOC the memo of the Application, the Applicant ought not to suffer or be rendered remediless in pursuing the Writ Petition. 3. In the aforesaid circumstances, having perused the memo of the Application and considering the period of delay not being very gross, in my opinion, the reasons as set out certainly provide for an appropriate justification and a sufficient cause shown by the Applicant in regard to the delay in filing the Application. It is hence in the interest of justice that the delay is condoned. 4. Further the reasons set out for dismissal of Petition also show that the Applicant on account of inadvertence of his advocate remained unrepresented on the said date. The Applicant submits that he has a good case on merits and the dismissal of the Petition for want of prosecution would prejudice him. In the interest of justice and considering the reason as set out, this Court is of the view that the order of dismissal be recalled and the Writ Petition be restored to in the original file. 5. The Interim Application is hence allowed in terms of prayer clause (A) and (C). 6. Interim application stands disposed of in the above terms. No costs. (AARTI SATHE, J.) Tiwari