Pradeepkumar J Jhaveri v. Union Of India And ORS

4-WP-3979-2025 (OS).DOCX by PALLAVI MAHENDRA WARGAONKAR Date:

2025.12.11 11:05:01 +0530 PALLAVI MAHENDRA WARGAONKAR Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3979 OF 2025 Pradeepkumar J Jhaveri

...Petitioner

Versus

Union of India And Ors.

...Respondents

______________________________________________________ None for Petitioner.

Ms. Sangeeta Yadav i/b. Jitendra Mishra for Respondent No.2. ______________________________________________________ CORAM : M.S. Sonak & Advait M. Sethna, JJ.

DATED : 9 December 2025 P.C.:- 1.

None for the Petitioner. Ms. Yadav appears for the second Respondent.

2.

On 18 November 2025, we had accommodated the Petitioner and their Advocates by passing the following order:- "1. Mr. Mishra points out that the order challenged in this Petition was also challenged by some other Petitioner in Writ Petition No. 3975 of 2025, which was at Sr. No. 18 of the cause list.

2.

Writ Petition No. 3975 of 2025 was dismissed by us on the ground that the Petitioner has an alternate and efficacious remedy. We had also protected the Petitioner therein by clarifying that if the Petitioner institutes an Appeal against the impugned order within six weeks, the same should be decided on merits without adverting to the issue of limitation.

4-WP-3979-2025 (OS).DOCX 3.

Normally, we would have to adopt the same course of action in this Petition as well. However, Mr. Mrudul Das submits that Mr. Ankit Nindale, who is the Advocate on record, cannot attend to this matter today on account of a demise in the family. Accordingly, he requests for a two-week adjournment. 4.

Considering the reasons stated, we adjourn this matter to 09 December 2025 for directions/disposal." 3.

Given our order dated 18 November 2025 disposing of Writ Petition No.3975 of 2025, we, accordingly, dispose of this Petition but granting the Petitioner an opportunity to appeal the impugned order. If such Appeal is filed within six weeks from today, after fulfilling all legal formalities such as pre-deposit, we direct the Appellate Authority to consider such Appeal on its own merits without adverting to the issue of limitation.

4.

All contentions of all parties on merits, however, remain open because we have declined to examine the same. 5.

This Petition is disposed of with liberties in the above terms. No costs.

6.

All concerned must act on an authenticated copy of this order.

(Advait M. Sethna, J) (M.S. Sonak, J.)