Orbit Habitat Pvt Ltd And ANR v. State Of Maharashtra And 2 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.7989 OF 2025 IN WRIT PETITION NO.3108 OF 2019 Orbit Habitat Private Limited & Anr.

.... Applicants

IN THE MATTER BETWEEN :

Orbit Habitat Private Limited & Anr.

.... Petitioners versus The State of Maharashtra & Ors.

.... Respondents .......

• Ms. Veenu C. Khatri, Advocate for Applicants/Petitioners. • Mr. Himanshu Takke, AGP a/w Mr. Prashant Kamble, a/w Mr. Rakesh Pathak, AGP for State/Respondents.

CORAM

: SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 21st JANUARY, 2026 P.C. :

1.

This is an Interim Application in a disposed of Petition. Learned counsel for the Applicants/Petitioners submitted that the Division Bench of this Court vide the order dated MANUSHREE NESARIKAR 19/12/2024 in the present Petition had directed the Respondent by MANUSHREE NESARIKAR Date: 2026.01.29 10:47:42 +0530 No.2 The Inspector General of Registration and Controller of Nesarikar

2 / 3 Stamps, to decide the applications/representations made by the Applicants herein for payment of interest on the refunded stamp duty on or before 31/03/2025. According to the learned counsel for the Applicants, this timeline was not adhered to and no order was passed till 31/03/2025. Therefore, the present application is filed. Learned counsel for the Applicants could not point out as to how an Interim Application in a disposed of Petition was maintainable.

2.

However, learned AGP appearing in this case stated before the Court that The Inspector General of Registration and Controller of Stamps, has decided the Applicants' representations on 31/10/2025 and the order shall be communicated in accordance with rules to the Applicants. 3.

Considering this situation, the Applicants will have to challenge the said order if they are aggrieved at all. 4.

When we expressed our opinion, learned counsel for the Applicants sought permission to withdraw this application

3 / 3 with liberty to adopt appropriate proceedings in accordance with law in the changed circumstance of passing of the order by the original Respondent No.2.

5.

Permission is granted. The application is allowed to be withdrawn with such liberty and is disposed of. 6.

All the contentions raised by the Applicants are left open.

(SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)