Bombay High Court
M/S. AGARWAL AND CO. A PROPRIETARY CONCERN REPRE. BY ITS PRO. BALKRISHNA AGARWALversusUNION OF INDIA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court directed Respondent No.2 to decide the show‑cause notice within six weeks, without prejudice to the merits of the case.
Summary
M/s. Agarwal and Co. filed a writ petition seeking a direction to the Union of India (Respondent No.2) to decide a show‑cause notice dated 11 July 2025, to which the petitioner had replied on 24 July 2026. The petitioner argued that the proceedings were pending and should be concluded within a time‑bound period. The Court, after hearing counsel, declined to issue a notice to the respondents or to consider the merits of the notice, but ordered Respondent No.2 to decide the show‑cause notice expeditiously, preferably within six weeks of receiving the certified copy of the order, after giving the petitioner a hearing. The Court expressly left all contentions of the parties open and disposed of the writ petition.
Issues considered
- Whether the High Court should direct the respondent to decide the pending show‑cause notice within a stipulated time
- Whether the Court should intervene in the merits of the show‑cause notice at this stage
Subjects
- writ petition
- show‑cause notice
- administrative law
- direction to government
- expeditious decision
- pending proceedings
Judgment
41-WP.12794.2026.doc
Salunke
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
JAYANT
VISHWANATH CIVIL APPELLATE JURISDICTION
SALUNKE
Digitally signed by
JAYANT VISHWANATH
SALUNKE
Date: 2026.09.29
10:55:59 +0530
WRIT PETITION NO. 12794 OF 2026
M/s. Agarwal and Co. } Petitioner
Versus
Union of India & Anr. } Respondents
Mr. Mihir Suhas Raje, Advocate for the Petitioner.
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 28th SEPTEMBER, 2026
P.C.:
1. Heard the learned Counsel for the Petitioner.
2. By the instant Writ Petition, the Petitioner, inter alia, seeks a
direction to Respondent No. 2 to take a decision on the Show-Cause
Notice dated 11th July 2025.
3. The learned Counsel for the Petitioner submitted that the
Petitioner has responded to the aforesaid Show-Cause Notice vide
its detailed reply on 24th July 2026. However, the proceedings are
yet to be finalized, which may be directed to be finalized withing a
time bound period.
4. Considering the submission of the learned Counsel for the
Petitioner and the over all facts and circumstances before us, we
are not inclined to issue notice to the Respondents and keep the
matter pending. Instead, we direct Respondent No. 2 to consider
and decide finally the Show-Cause Notice dated 11 th July 2025
issued to the Petitioner as expeditiously as possible, preferably
within six weeks from the date of receipt of certified copy of this
Order, after affording an opportunity of hearing to the Petitioner.
1
41-WP.12794.2026.doc
5. We make it clear that we have not adverted to the merits of
the subject show-cause notice and all contentions of the parties are
kept open.
6. With the aforesaid direction, the Writ Petition is Disposed Of.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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