Bombay High Court

HUMBLE PLASTICS PVT. LTD EARLIER KNOWN AS WALAMBIA PLASTICS PVT. LTD.versusSTATE OF MAHARASHTRA AND ANR

Decided: 25 August 2026
Disposal: Disposed Off

Holding

The order is set aside and the matter remanded to the adjudicating authority for fresh consideration in accordance with law and natural justice.

Summary

Humble Plastics Pvt. Ltd. (formerly Walambia Plastics) filed a writ petition challenging an order passed by an adjudicating authority that was based solely on a show‑cause notice, without considering the detailed response filed by the company. The State of Maharashtra opposed, contending that the petitioner should first exhaust the statutory appeal available. The Court held that despite the existence of a statutory remedy, the writ petition was maintainable because the adjudicating authority had violated principles of natural justice by not addressing the petitioner’s contentions. Consequently, the Court set aside the impugned order and remanded the matter to the adjudicating authority for fresh consideration, directing the petitioner to appear before it. The petition was thereafter disposed of after granting the relief.

Issues considered

Whether a writ petition is maintainable when an alternative statutory appeal is available.
Whether the adjudicating authority violated the principles of natural justice by failing to consider the petitioner’s response to the show‑cause notice.
Whether the order passed by the adjudicating authority should be set aside and the matter remanded for fresh consideration.

Subjects

writ petition
natural justice
show cause notice
statutory remedy
remand
adjudicating authority
administrative law

Judgment

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ARJUN
MACHHINDRA
KADAM                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
Digitally signed by
ARJUN
MACHHINDRA
KADAM                                        WRIT PETITION NO. 2862 OF 2026
Date: 2026.08.25
18:07:41 +0530
                      Humble Plastics Pvt. Ltd.                                    … Petitioner
                      Earlier known as Walambia Plastics Pvt. Ltd.
                               Versus
                      State of Maharashtra & Anr.                                  ... Respondents

                                               __________________________

                      Mr. Brijesh Pathak a/w. Mr. Dulraj Jain for the Petitioner.
                      Ms. Shruti D. Vyas, Addl GP a/w. Mr. Aditya R. Deolekar, AGP for the
                      Respondent-State.
                                             __________________________

                                                        CORAM        : M. S. KARNIK AND
                                                                       SANDESH D. PATIL, JJ.
                                                        DATED        : 25th AUGUST, 2026.

                      P.C. :

                      1.       Heard learned counsel for the petitioner.

                      2.       Learned AGP for the respondents opposed the petition.              It is

                      submitted that the petitioner has an alternate efficacious statutory remedy

                      and without exhausting the remedy, the petitioner has directly approached

                      this Court.

                      3.       In the facts of the present case and after having perused the relevant

                      material and impugned order, we are satisfied that this is a fit case for

                      entertaining the writ petition despite the availability of a statutory remedy

                      of appeal.

                      4.       A perusal of the impugned order clearly reveals that the observations

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made on the basis of which the show cause notice is adjudicated is a mere

reproduction of whatever was forming a part of the show cause notice.

Though the petitioner had filed a detailed response, none of the

contentions raised in reply to the show cause notice are adverted to or

considered by the adjudicating authority. For this reason, we are inclined

to set aside the order and remand the matter back to the adjudicating

authority for a fresh consideration on merits and in accordance with law

after considering the response of the petitioner.

5.     It is made clear that we have not observed anything on merits and

all contentions of the parties are kept open.

6.     The petitioner to appear before the adjudicating authority on 3rd

September, 2026 at 11.00 a.m. where-after the adjudicating authority may

schedule the hearing as per its convenience. The adjudicating authority

may then pass an order as expeditiously as possible after hearing the

petitioner in accordance with law after complying with the principles of

natural justice. The impugned order is set aside.

7.     The petition is disposed of.



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




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