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Bombay High Court

KASH FOODS PRIVATE LTD THROU. ITS DIRECTORversusASSISTANT REGISTRAR C.S. SRA MUMBAI AND ORS

Decided
Disposal
Disposed Off

Holding

The dismissal of the writ petitions is recalled and the petitions are disposed of on account of the parties’ amicable settlement and consent terms.

Summary

Kash Foods Pvt Ltd filed multiple writ petitions challenging the dismissal of its stamp duty petitions by the Assistant Registrar C.S. SRA Mumbai. The petitions had been dismissed on the ground of non‑removal of office objections. The parties subsequently reached an amicable settlement and filed consent terms in each petition. The High Court considered whether the earlier dismissal could be set aside in view of the settlement. The Court held that the dismissal could be recalled and the petitions restored. Accordingly, the petitions were disposed of on the basis of the consent terms. The Court also permitted the respondent’s vakalatnama to be filed within two weeks.

Issues considered

  • Whether the dismissal of the writ petitions for non‑removal of office objections can be recalled in view of an amicable settlement
  • Whether the writ petitions can be disposed of on the basis of consent terms filed by the parties

Subjects

  • writ petition
  • stamp duty
  • amicable settlement
  • consent terms
  • restoration of dismissed petition
  • vakalatnama

Judgment

2026:BHC-AS:36952

              Renuka                                            11-WP-4653-2026.docx


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO. 4653 OF 2026
                                                WITH
                                 WRIT PETITION NO. 4655 OF 2026
                                                WITH
                                 WRIT PETITION NO. 4664 OF 2026
                                                WITH
                                 WRIT PETITION NO. 4659 OF 2026
                                                WITH
                                 WRIT PETITION NO. 4737 OF 2026
                                                WITH
                                 WRIT PETITION NO. 4656 OF 2026
                                                WITH
                         INTERIM APPLICATION (ST) NO. 26293 OF 2026
                                                  IN
                               WRIT PETITION (ST) NO. 193 OF 2026
                                                WITH
                          INTERIM APPLICATION (ST) NO. 26295 OF 2026
                                                  IN
                                  WRIT PETITION NO. 50 OF 2026
              Kash Foods Pvt Ltd Through Director                ...Petitioner
                               V/s.

              Assistant Registrar C.S. SRA Mumbai               ...Respondents
              and Ors
                                          ________________




                                               Page No.1 of 2
                                            7 SEPTEMBER 2026
Renuka                                                11-WP-4653-2026.docx


Mr. Prashant P. Kulkarni a/w. Ms. Rachana Mamnani and Ms. Ritika
Rajeer for Petitioner
Ms. Shyna Saheed i/b Vashi and Vashi for Respondent No. 2.
Authorized Person Mr. Tanmay Mehta is present.
                              ________________
                                       CORAM: SANDEEP V. MARNE, J.
                                        DATED: 7 SEPTEMBER 2026.


P.C.:
1)          Writ Petition (Stamp) No. 50 of 2026 and Writ Petition No.
193 of 2026 are restored by recalling the office order dismissing the
Petitions for non-removal of office objections.


2)          In all the Petitions, parties have entered into amicable
settlement. Consent terms are filed. Consent terms are taken on record
and marked ‘X’ for identification in each of the Petitions.


3)          Writ Petitions are accordingly disposed of in view of the
consent terms.


4)          Vakalatnama on behalf of the Respondent No. 2 in each
Petitions are permitted to be filed within a period of two weeks.


                                                   [SANDEEP V. MARNE, J.]




                                  Page No.2 of 2
                               7 SEPTEMBER 2026


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