Bombay High Court

BIKRAM PRASAD MISHRAversusSTATE OF MAHARASHTRA THROUGH THE GOVERNMENT PLEADER

Decided: 24 September 2026
Disposal: DISPOSED OFF

Holding

The court held that the interim application is partly allowed, permitting amendment, waiver of service of notice, and setting procedural timelines.

Summary

The petitioners, Bikram Prasad Mishra & Anr., filed an interim application in a writ petition against the State of Maharashtra and others. The High Court partially allowed the application, directing that necessary amendments be made within a week. The court ordered that notice be issued to the respondents, with a return date of 15 October 2026, and accepted waivers of service of notice on behalf of certain respondents. It further permitted the petitioners to serve any unserved respondents by private mode and to file affidavits of service before the next date. The court set timelines for filing reply and rejoinder affidavits and stood the matter over to 15 October 2026.

Issues considered

Whether the interim application should be allowed in part
Whether service of notice can be waived by the respondents
Procedural steps for amendment and service of notice in the interim application

Subjects

interim relief
service of notice
civil procedure
amendment
affidavit
high court

Judgment

                                                                            (9)-IA-4034-26.doc

      PANCHAL

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
          Digitally
          signed by

BALAJI
          BALAJI
          GOVINDRAO
GOVINDRAO PANCHAL
                               INTERIM APPLICATION NO. 4034 OF 2026
PANCHAL   Date:
          2026.09.24
          16:32:28
          +0530
                                                IN
                                  WRIT PETITION NO. 2019 OF 2025

                       Bikram Prasad Mishra & Anr.                   ...Applicants

                       IN THE MATTER BETWEEN

                       Bikram Prasad Mishra & Anr.                   ...Petitioners
                            Versus
                       State of Maharashtra & Ors.                   ...Respondents
                                                     ...
                       Mr. Manish Gala a/w Mr. Minil Shah i/by Mr. Nilesh Gala, for
                       the Applicants/Petitioners.
                       Smt. Usha Rahi, AGP for Respondent Nos.1, 2 & 3.
                       Mr. Nimay Dave a/w Mr. Rubin Vakil, Ms. Sonam Mhatre &
                       Mr. Divyanshu Gupta i/by Dhaval Vussonji & Associates, for
                       the Respondent No.8.
                                                   ...

                                   CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                           ADVAIT M. SETHNA, J.

                                     DATE : 24th SEPTEMBER, 2026.


                       P.C.:
                       1.       For the reasons stated in the Interim Application,
                       the same is partly allowed in terms of prayer clause (a).
                       Necessary amendment be carried out within a weeks’ time.



                       2.       Qua the other prayers      in the Interim Application,
                       issue Notice to the Respondents, returnable on 15 th October,
                       2026.


                                                     1
                                                        (9)-IA-4034-26.doc




3.         Learned AGP waives service of notice on behalf of
Respondent Nos.1, 2 & 3. Learned Advocate, Mr. Nimay Dave,
waives service of notice on behalf of Respondent No.8.



4.         In addition to Court Notice, Petitioners are permitted
to serve the unserved Respondents by private mode and file
affidavit of service before the next date.



5.         Affidavit-in-reply   be   filed   within   two     weeks.
Rejoinder affidavit, if any, may be filed within one week
thereafter.



6.         Stand over to 15th October, 2026.




[ADVAIT M. SETHNA, J.]                         [CHIEF JUSTICE]




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