Bombay High Court

JYOTI WD/O RAVINDRA GUNJAL AND ORS.versusUNION OF INDIA THR. GENERAL MANAGER

Decided: 29 August 2026
Disposal: DELAY CONDONATED/REJECTED.

Holding

The Court held that notice may be served by private notice through any permissible mode, provided the applicant supplies the required copies to the Registry within the stipulated time, failing which the interim application will be dismissed.

Summary

The applicants, Jyoti w/o Ravindra Gunjal and others, filed an interim application in a civil appellate matter concerning Stamp Act appeal No.2071 of 2022 against the Union of India. The High Court addressed procedural issues relating to service of notice on the respondent and the submission of requisite documents. The Court ordered that a notice be issued to the respondent, returnable on 30 September 2026, and permitted service by private notice through any permissible mode. It further directed the applicant’s counsel to furnish copies of the application to the Registry within one week for issuance of the notice, warning that failure to do so would result in dismissal of the interim application. The order thus conditionally allowed the interim relief while emphasizing compliance with procedural requirements.

Issues considered

What is the appropriate mode of service for issuing notice to the respondent in an interim application?
Is the applicant required to submit copies of the application to the Registry for issuance of notice, and what are the consequences of non‑compliance?

Subjects

service of notice
interim application
civil procedure
Stamp Act appeal
High Court of Bombay

Judgment

                                                                                                   1.IA.12359.2025.DOC



                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                 INTERIM APPLICATION NO.12359 OF 2025
                                                                   IN
                                                  FIRST APPEAL (STAMP) NO.2071 OF 2022

                               Jyoti w/o Ravindra Gunjal and others                                  Applicants
                                            versus
                               Union of India through General Manager                                Respondent

                                                                     _______
                               Mr.Vasant More for Applicants.
                               None for Respondent
                                                                     _______

                                                           CORAM         :      AARTI SATHE, J.

                                                           DATE          :      29th August 2026

                               P.C.

                               1.           Issue notice to Respondent returnable on 30th September 2026.

                               Hamdast permitted.       Private notice by all permissible modes of service is

                               permitted. Affidavit of service be filed before the adjourned date of hearing.

                               2.           Learned counsel for the Applicant to supply copies of the Application

                               to the Registry for issuance of notice within one week from today, failing which the

                               Interim Application will stand dismissed without further reference to the Court.




                                                                                (AARTI SATHE, J.)




            Digitally signed
MANISH      by MANISH
            SURESHRAO
SURESHRAO   THATTE
THATTE      Date: 2026.08.29
            15:13:55 +0530




                               M.S.Thatte

Continue reading with your account

Checking your session…