Bombay High Court

Aurum Real Estate Developers LimitedversusUnion of India

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The court disposed the petition, limiting its order to the rejection of the refund application and directing a personal hearing for the appeal.

Summary

Aurum Real Estate Developers Ltd filed a writ petition challenging the order that rejected its application for a refund against the Union of India and others. The petition sought a personal hearing on the appeal against that order. The court noted that a notice of personal hearing would be served on the petitioner and, after hearing, an order on the appeal would be passed. In the meantime, the court found no further matter for consideration and disposed of the petition, limiting the order solely to the rejection of the refund application. The respondents were directed to hear the appeal within eight weeks of the communication of this order.

Issues considered

Whether the petitioner's application for refund should be entertained
Whether the petition can be disposed of without a personal hearing on the refund issue

Subjects

refund
writ petition
civil appellate jurisdiction
real estate
union of India
personal hearing
order disposal

Judgment

          Digitally
          signed by                                                45-WP-10236-2026.doc
          RUPALI
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2026.08.28
          14:49:22
          +0530           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                WRIT PETITION NO. 10236 OF 2026


                 Aurum Real Estate Developers Limited         ...Petitioner
                      Versus
                 The Union of India & Ors.                    ...Respondents


                 Mr. Bharat Raichandani a/w Mr. Mahesh Raichandani & Mr. Bhagrati
                 Sahu i/b UBR Legal Advocates for the Petitioner.

                 Ms. Shruti D. Vyas, Addl.G.P a/w Mr. Aditya R. Deolekar, A.G.P for
                 the Respondents-State.

                                           CORAM : M. S. KARNIK &
                                                   SANDESH D. PATIL JJ.
                                          DATE : 25th AUGUST, 2026

                 P.C. :


                 1.           Learned Addl.G.P Ms. Vyas for the Respondents fairly

                 submits that a notice of personal hearing will be served on the

                 petitioner and on the day fixed, the petitioner shall be duly heard,

                 after which the order will be passed on the appeal which is preferred

                 by the petitioner against the order rejecting the application for

                 refund.


  Wakodikar                                                                         1/2
                                                                 45-WP-10236-2026.doc




            2.         In the light of the statement made, nothing survives for

            further consideration in the petition.


            3.         Petition is accordingly disposed of.


            4.         We request the respondent No.2 to hear the appeal within

            a period of eight weeks from the date of communication of this order.


            5.         It is made clear that this order has been passed limited to

            the aspect of rejecting the application for refund and we have not

            considered any other contention of the petitioner.




            (SANDESH D. PATIL, J.)                            (M. S. KARNIK, J.)




Wakodikar                                                                          2/2

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