Bombay High Court

THE STATE OF MAHARASHTRA (TRHOUGH THE DEPUTY COLLECTOR)versusSHRI. CHANDRAKANT SHANKAR MHATRE AND ORS.

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The court allowed the interim applications, permitted the civil applications based on service by hand delivery, and granted ad‑interim relief in Civil Application No. 2248 subject to the appellant’s deposit of the decretal amount with interest.

Summary

The State of Maharashtra filed a first appeal (St.) No. 9067 of 2019 against Atul, Chandrakant Shankar Mhatre and others, together with several interim and civil applications. The appellant sought relief on procedural grounds, including service of certain respondents by hand delivery and the filing of a paper book. The court examined the reasons set out in Interim Application No. 13296 of 2023 and Interim Application No. 6387 of 2026 and allowed the relief sought in prayer clauses (b) to (d) of each. It also allowed Civil Application No. 2247 of 2019 on the basis that respondents 5 and 6 were served by hand delivery. For Civil Application No. 2248 of 2019, the court granted ad‑interim relief subject to the appellant depositing the full decretal amount with interest within eight weeks, and ordered the appellant to file a paper book within one year. The interim applications were consequently disposed off, and the appeal was admitted for further proceedings.

Issues considered

Whether the interim applications seeking relief under prayer clauses (b) to (d) should be allowed
Whether service of respondents by hand delivery suffices for proceeding with Civil Application No. 2247
Whether ad‑interim relief can be granted in Civil Application No. 2248 subject to deposit of decretal amount

Subjects

interim relief
civil appeal
service by hand delivery
ad‑interim relief
paper book filing

Judgment

                                                                           56-fast9067-2019.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                     FIRST APPEAL (ST.) NO. 9067 OF 2019
                                                     WITH
                                    INTERIM APPLICATION NO.2371 OF 2026
                                                     WITH
                                      CIVIL APPLICATION NO.2247 OF 2019
                                                     WITH
                                      CIVIL APPLICATION NO.2248 OF 2019
                                                     WITH
                                    INTERIM APPLICATION NO.6387 OF 2026

                      The State of Maharashtra                      … Appellant
                                 V/s.
ATUL                  Chandrakant Shankar Mhatre & Ors.             … Respondents
GANESH
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.08.25
17:36:16 +0530        Mr. A.R. Patil, Additional G.P. for the appellant.



                                                  CORAM       : AMIT BORKAR, J.

                                                  DATED       : AUGUST 25, 2026
                      P.C.:
                      Interim Application No.13296 of 2023:

                      1.      Not on board. Taken on board.

                      2.      For the reasons set out therein, the interim application is
                      allowed in terms of prayer clauses (b) to (d).

                      Interim Application No.6387 of 2026:

                      3.      For the reasons set out therein, the interim application is
                      allowed in terms of prayer clauses (b) to (d).




                                                         1
                                                     56-fast9067-2019.doc


Civil Application No.2247 of 2019:

4.    Since respondent Nos.5 and 6 are served by hand delivery,
the civil application is allowed.

First Appeal (St.) No.9067 of 2019:

5.    Admit.

6.    Appellant shall file paper book within one year from today.

Civil Application No.2248 of 2019:

7.    Considering the issue involved, there shall be ad-interim
relief in terms of prayer clauses (b), subject to the appellant
depositing entire decretal amount along with interest with the
Reference Court within eight weeks from today.

8.    The interim application stands disposed off.

                                            (AMIT BORKAR, J.)




                                    2

Continue reading with your account

Checking your session…