Smc Infrastructures Pvt Ltd v. Union Of India Throu. The Ministry Of Finance Dept Of Expenditure And ANR

Digitally signed by GAURI AMIT GAEKWAD Date:

2026.06.17 12:21:10 +0530 GAURI AMIT GAEKWAD 902.WP-341-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.341 OF 2026 SMC Infrastructures Pvt. Ltd.

....Petitioner

Versus

Union of India and Anr.

....Respondents ---- Mr. Shardul Singh a/w. Advocate Smeet Savla and Ms. Hridyanshi Sharma i/b. SHS Chambers for the Petitioner.

Mrs. Sangeeta Yadav (through video conferencing) a/w. Mr. Ashutosh Mishra and Mr. Umesh Gupta for Respondent No.1. Mr. Sheroy M. Bodhanwalla a/w. Ms. Sayali Puri, Mr. Rohan Jadhav, Mr. Akash Singh and Mr. Shreyas Thakur i/b. M.S. Bodhanwalla and Co. for Respondent No.2.

---- CORAM : RAVINDRA V. GHUGE, ACJ.

& GAUTAM A. ANKHAD, J.

DATE : 16th JUNE, 2026 P.C. :- 1.

The learned Advocate for the Petitioner submits that the solitary prayer put forth by the Petitioner is in terms of prayer clause (i). The said prayer clause reads as under :

(i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the Respondents (particularly Respondent No.2) to forthwith accept and approve the Petitioner's application dated 18.08.2023 bearing No.SR9351692352016595 under the Vivad se Vishwas II (Contractual Disputes) Scheme and to extend the benefit of settlement thereunder to the Gauri Gaekwad

902.WP-341-2026.odt Petitioner, by taking all consequential steps within a fixed and time-bound period, strictly in accordance with the Scheme and applicable law. 2.

The learned Advocate appearing on behalf of Respondent No.2 has addressed us for some time. Instead of adverting to the prayer, he is on a completely different issue. 3.

The issue is only of the representation of the Petitioner being considered on its merits. Respondent No.2 has to apply the law and the policies to such application and pass a reasoned order. 4.

In view of the above, this Petition is disposed off with a direction to Respondent No.2 to consider the representation/ application of the Petitioner dated 18th August, 2023 in accordance with the law and the policies applicable, and a reasoned order be passed. Let this exercise be completed within a period of 60 days from today.

(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE) Gauri Gaekwad