Bombay High Court
SHREEMANGAL ENTERPRISES THRU. T. D. GUPTAversusPRAMOD EKNATH WANKHEDKAR AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The ex‑parte order dated 4 March 2025 is set aside and the matter is remanded for a fresh hearing.
Summary
Shreemangal Enterprises filed a writ petition challenging an ex‑parte order dated 4 March 2025 issued by Respondent No.7 – Corporation, which confirmed a notice issued by Respondent No.8. The petitioner argued that the order was passed without affording a hearing, violating principles of natural justice. The Court examined the submissions and noted that Respondent No.7 was willing to provide another opportunity for hearing. Accordingly, the Court set aside the impugned ex‑parte order and remanded the matter to the corporation for a fresh decision after hearing all parties. The corporation was directed to decide within six weeks, and the petitioner’s right to challenge the decision in future proceedings was preserved. The writ petition was disposed of as partly allowed.
Issues considered
- Whether an ex‑parte order confirming a notice can stand without affording a hearing to the petitioner
- Whether the principles of natural justice require a fresh hearing before a final decision
Subjects
- ex‑parte order
- natural justice
- hearing
- writ petition
- remand
- due process
- High Court of Bombay
Judgment
45-WP-14338-2025 (C) .odt
Pallavi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PALLAVI
Digitally signed
by PALLAVI
MAHENDRA
CIVIL APPELLATE JURISDICTION
WARGAONKAR
MAHENDRA
WARGAONKAR Date:
2026.09.23
12:56:42
+0530
WRIT PETITION NO. 14338 OF 2025
Shreemangal Enterprises Thru. T. D. Gupta ...Petitioner
Versus
Pramod Eknath Wankhedkar And Ors ...Respondents
...
Mr. R.M. Haridas i/b. Ajinkya Jaibhave for the Petitioner.
Ms. Vishaka V. Pandit i/b. Avinash H. Fatangare for Respondent
Nos.1 to 6.
Ms. Chaitrali Deshmukh for Respondent Nos.7 and 8.
...
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 22nd SEPTEMBER, 2026.
P.C.:
1. We have perused the averments in the Petition with the
assistance of the learned counsel for the Petitioner. The matter
requires consideration.
2. Issue Notice to the Respondents, returnable within three
weeks. In addition to Court service, private service is permitted.
The learned counsel for the Petitioner to file Affidavit of Service on
or before the returnable date.
3. Affidavit-in-Reply be filed by the Respondents within a
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45-WP-14338-2025 (C) .odt
period of two weeks from today. Rejoinder, if any, shall be filed one
week thereafter.
4. The learned counsel for the Petitioner submits that the
Respondent No.7 – Corporation passed an ex-parte order dated 4th
March 2025 confirming Notice dated 29 th November 2024 issued by
Respondent No.8.
5. In the above backdrop, the learned counsel for the
Respondent No.7 – Corporation, on instructions, submits that the
Respondent No.7 - Corporation is inclined to accord one more
opportunity to the Petitioner and after hearing, the parties the
order shall be passed.
6. Considering the statements so advanced by the learned
counsel for the Respondent No.7 - Corporation, we find that the
instant proceeding can be Disposed Of by passing the following
order, which would serve the ends of justice :-
ORDER
(i) The Impugned Order dated 4th March 2025 passed by
the Respondent No.7 – Commissioner, is set aside
and the matter is remanded back to the Respondent –
Corporation to be decided afresh after giving
opportunity of hearing to all parties.
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45-WP-14338-2025 (C) .odt
(ii) Respondent No.7 – Corporation shall take a final
decision in accordance with law within a period of six
weeks from today.
(iii) We clarify that any decision so taken by the
Respondent – Corporation shall not prejudice the
rights of the Petitioner to assail the same in
subsequent legal proceedings, in accordance with law.
(iv) In view of the above directions, the Writ Petition is
Disposed Of as Partly Allowed.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
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