Renuka Thakur 6-ia-7306-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7293 OF 2026 WITH INTERIM APPLICATION NO. 7294 OF 2026 IN WRIT PETITION NO. 13995 OF 2018 Shantaben Thakershi Tank and Ors. ...Applicants V/s. Pesi Keki Sidhwa and Ors. ...Respondents WITH INTERIM APPLICATION NO. 7306 OF 2026 WITH INTERIM APPLICATION NO. 7305 OF 2026 IN WRIT PETITION NO. 13997 OF 2018 Shantaben Thakershi Tank and Ors. ...Applicant/Petitioner V/s. The Reserve Bank Employees Snehdhara Co-Op. Hsg. Soc. Ltd. and Anr ...Respondents ________________ Mr. Shashikant P. Chaudhari with Mrs. Snehal S. Chaudhari, Mr. Manojkumar Singh, Mr. Puneet Shukla, Mr. Gyanprakash Pal, Mr. Pranot Pawar and Ms. Sarita Pal i/b Maharashtra Law Associates for Applicant. Mr. Roshan Reji i/b Mr. Sachin A. Mhatre for Respondent No. 6 in WP/13997 of 2018 and for Respondent No. 2 in WP/13997 of 2018. ________________ Page No. 1 of 3 18 SEPTEMBER 2026 Renuka Thakur 6-ia-7306-2026.docx CORAM: SANDEEP V. MARNE, J. DATED: 18 SEPTEMBER 2026. P.C.: 1) The Interim Application are filed seeking restoration of the Petitions which are dismissed for non-prosecution by order dated 25 March 2026 passed by this Court. Since there is delay of 115 days in applying for restoration, separate Applications are filed for condonation thereof. 2) I have heard Mr. Chaudhari, the learned counsel appearing for the Applicants. Mr.Reji appears on behalf of Respondent No. 6/2. 3) Mr. Reji, submits that previously also the Petitions were dismissed for non-prosecution by order dated 5 February 2019 and that therefore Petitioners are extremely negligent in prosecuting the Petitions and therefore equitable relief of restoration cannot be granted in their favour. 4) It appears that there is an interim order running in favour of the Petitioners since 5 February 2019 by which operation of the impugned orders of impleadment is stayed. By order dated 5 July 2022, the Petitions were dismissed on account of failure to file copies of the Petitions for service fo notices on the Respondents. The Petitions came to be restored by order dated 17 October 2022. Page No. 2 of 3 18 SEPTEMBER 2026 Renuka Thakur 6-ia-7306-2026.docx 5) On 21 March 2026, none appeared on the part of the Petitioners which has led to dismissal of Petitions in default. It appears that there has been a change in the advocates in the present case. It is the case of Applicants that name of their current advocate was not reflected in the cause list on account of which none remained present before the Court on 25 March 2026. In my view, there is sufficient justification for condonation of delay as well as for restoration of the Petitions. Accordingly, I proceed to pass the following order:- (i) Delay in filing the Application is condoned. (ii) Order dated 25 March 2026 dismissing the Petitions for non prosecution is recalled. (iii) Writ Petitions are restored. (iv) Interim Applications are accordingly disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 18 SEPTEMBER 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 21/09/2026 15:23:14