Bombay High Court

Marathon Electric India Private LimitedversusThe Union of India THR. THE SECRETARY Ministry of Commerce and Industry AND ORS

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The order dated 17 October 2023 is quashed and set aside, and the matter is remanded for de novo consideration of the refund claim.

Summary

Marathon Electric India Private Limited filed a writ petition challenging an order dated 17 October 2023 that denied its refund claim for the period 1 April 2019 to 31 March 2020. The High Court observed that the matter was already decided in Marathon Electric India Private Limited v. Union of India & Ors. (Writ Petition No.15242 of 2025) dated 16 April 2026, and therefore quashed the impugned order. The Court remanded the proceedings to Respondent No.3 for a fresh, de novo consideration of the refund claim, directing a decision within three months. All contentions of the parties were kept open for consideration. Consequently, the writ petition was disposed of.

Issues considered

What is the validity of the order dated 17 October 2023 denying the refund claim?
Should the refund claim for the period 1 April 2019 to 31 March 2020 be reconsidered de novo?

Subjects

refund claim
writ petition
quash order
de novo consideration
High Court of Bombay
electricity sector

Judgment

                                                           4-WP-3893-2026.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

               WRIT PETITION NO. 3893 OF 2026
Marathon Electric India Private Limited      .....Petitioner
             Versus
The Union of India, Through the Secretary and
Ors.                                                .....Respondents
                               .....
Mr. Bharat Raichandani a/w Mr. Mahesh Raichandani and Ms.
Bhagrati Sahu i/b UBR Legal Advocates, for the Petitioner.

Ms. Shruti D. Vyas, Addl. G. P. a/w Mr. A. R. Deolekar, A.G.P., for the
Respondent-State.
                                  ..…
                            CORAM : M. S. KARNIK &
                                       SANDESH D. PATIL, JJ.
                                   DATE   : 2nd SEPTEMBER 2026
P.C.:-

1.        Heard learned Counsel for the Petitioner and learned A.G.P. for

the Respondent-State.


2.        For the period from 1st April, 2019 to 31st March, 2020, the

issue involved in the present Petition is squarely covered by the

decision of this Court in Marathon Electric India Private Limited Vs.

Union of India & Ors. [Writ Petition No.15242 of 2025] dated 16th

April, 2026, for the same reasons we quash and set aside the

impugned Order dated 17th October, 2023 (Exhibit-A).




Manisha                                                                 1/2
             Digitally signed by
MANISHA      MANISHA
             BALKRISHNA
BALKRISHNA   TALEKAR
TALEKAR      Date: 2026.09.07
             19:33:16 +0530
                                                             4-WP-3893-2026.doc


3.        The proceedings stand remanded to Respondent No.3 for de

novo consideration to decide the refund claim of the Petitioner and

for a fresh order to be passed in accordance with law and after

hearing the parties. The Appellate Authority shall complete the

determination within a period of three months from today.


4.        All contentions of the parties are expressly kept open.


5.        In view of above, Writ Petition No.3893 of 2026 stands

disposed of.




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




Manisha                                                                   2/2

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