Bombay High Court
M/S SHREENATH DEVELOPERS AND ORS.versusTHE STATE OF MAHARASHTRA AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The interim application is allowed, the order dated 28‑04‑2026 is quashed, the delay is condoned, and the writ petition is restored.
Summary
M/s Shreenath Developers and others filed an interim application seeking to quash an order dated 28 April 2026 passed by the State of Maharashtra. The applicants argued that the order was erroneous and that any delay in filing the application should be condoned. The Court, after hearing counsel for both sides, found merit in the applicants' contentions and allowed the interim application. It quashed the impugned order, condoned any delay, and restored the original writ petition (No. 3688 of 2023) to the court's record. The writ petition was ordered to be listed for hearing on 26 October 2026 as ‘First on Board’. The interim application was consequently disposed.
Issues considered
- Whether the order dated 28‑04‑2026 should be quashed and set aside.
- Whether the delay in filing the interim application should be condoned.
- Whether the original writ petition should be restored to the court's record.
Subjects
- interim relief
- quash order
- condonation of delay
- writ petition
- criminal appellate jurisdiction
- high court
Judgment
48.IA.2999.2026.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2999 OF 2026
IN
WRIT PETITION NO.3688 OF 2018
M/s. Shreenath Developers And Ors. Applicants/
.. Petitioners
Versus
The State of Maharashtra and Anr. .. Respondents
....................
Mr.Shashwat Nehete, Advocate i/by Ms. Mallika Ingale for
Applicants/Petitioners.
Ms. Sangeeta E. Phad, APP for Respondent No.1 – State.
...................
CORAM : MILIND N. JADHAV, J.
DATE : OCTOBER 01, 2026
P.C.:
1. Heard Mr. Nehete, learned Advocate for
Applicants/Petitioners and Ms. Phad, learned APP for Respondent No.1
– State.
2. Application seeks quashing and setting aside of the order
dated 28.04.2026. In the facts and circumstances stated in the present
Application, I am inclined to believe the same and the Interim
Application therefore stands allowed. Interim Application stands
allowed in terms of prayer clauses (a), (b) and (c).
3. The delay, if any stands condoned.
4. The Writ Petition No.3688 of 2023 stands restored to the
record and file of the Court and be listed on 26th October 2026. To be
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48.IA.2999.2026.doc
listed under the caption ‘First on Board’.
5. Interim Application No.2999 of 2026 is allowed and
disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
Digitally signed
by HARSHADA
HARSHADA HANUMANT
HANUMANT SAWANT
SAWANT Date:
2026.10.01
15:33:56 +0530
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