Bombay High Court

Epiroc Mining India Private LimitedversusTHE UNION OF INDIA AND ORS

Decided: 5 October 2026
Disposal: Disposed off as Withdrawn

Holding

The Court allowed the withdrawal of the writ petition and granted liberty to file an appeal within four weeks, staying recovery proceedings in the meantime.

Summary

Epiroc Mining India Private Limited filed a writ petition in the Bombay High Court seeking relief against the Union of India and others. The petitioner, through counsel, requested permission to withdraw the petition and obtain liberty to file an appeal against the original order. The Court granted leave to withdraw the petition, allowing the petitioner to file an appeal within four weeks from the date of the order. It directed that the respondents could not raise a limitation objection if the appeal is filed within the stipulated period. The Court also stayed any recovery proceedings until the appeal is filed. The order emphasized that any stay application will be decided on its merits without being influenced by the limited protection granted herein.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition and be granted liberty to file an appeal.
Whether the respondents can raise a limitation objection against a timely filed appeal.
Whether a stay of recovery proceedings is appropriate pending the filing of the appeal.

Subjects

writ petition
withdrawal
appeal
limitation period
stay of proceedings
civil appellate jurisdiction
high court

Judgment

             Digitally signed
             by ARUNA
 ARUNA     SANDEEP
 SANDEEP   TALWALKAR
 TALWALKAR Date:
             2026.10.06
             15:09:55 +0530
                                                             52.wp-7044-2026.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO.7044 OF 2026

Epiroc Mining India Private Limited                 … Petitioner
      Versus
The Union of India and ors.                         … Respondents

                                 ****
Adv. Jas Sanghavi, Adv. Suyog Bhave & Adv. Linzy Sharan i/b. PDS
Legal, for the petitioner.
Smt. Neha S. Bhide, GP with Smt. S.D. Vyas, Addl. G.P. with Smt.
Pooja C. Patil, AGP, for the respondent-State.
Adv. Y.R. Mishra a/w. Adv. Niyati Mankad a/w. Adv. Priyanka Singh
a/w. Adv. Aryan Taral a/w. Adv. Abhishek Modi, for Respondent
Nos. 1 to 6.
                                 ****
                                CORAM : M. S. KARNIK &
                                          SANDESH D. PATIL, JJ.

                                       DATE :   5th OCTOBER 2026

P.C. :

1.           Heard the learned Counsel for the Petitioner.

2.           On instructions, the learned Counsel for the Petitioner

seeks leave to withdraw the Petition with liberty to file appeal

against the Order in Original. Leave granted. Writ Petition is

disposed of with liberty as prayed for. All contention of the parties

are kept open.

3.           Considering that the present Petition was filed within

time, the Respondents shall not raise an objection of limitation if

Talwalkar                              1
                                                        52.wp-7044-2026.doc



the appeal is filed within a period of 4 weeks from today.

4.          Till the appeal is filed within 4 weeks from today, the

recovery shall not be initiated.

5.          It is made clear that the Appellate Court shall consider

the application for stay, if made, on its own merits and in

accordance with law without being influenced by the limited

protection that this Court has granted.



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




Talwalkar                          2

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