Bombay High Court
D S CONSTRUCTION THROUGH ITS PROPRIETOR GANESH D KATEversusTHE ADDITIONAL CHIEF SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court directed the respondent to decide the reference within the remaining 90‑day statutory period.
Summary
M.S. Construction filed a writ petition seeking a direction to Respondent No.4 to decide its reference/case (ED‑2025‑0005265) within the statutory period prescribed under Section 18(5) of the MSMED Act, 2006. The petitioner limited the prayer to clause “C”, asking for a decision within the remaining 90‑day window from the date of appointment of the Council. The Court observed that the prayer was innocuous and did not raise any substantive dispute. Consequently, the Court ordered Respondent No.4 to decide the reference within the statutory 90‑day period from the date of the order. The petition was disposed of on these terms.
Issues considered
- Whether the Court can direct the respondent to decide the petitioner’s reference within the statutory period prescribed under Section 18(5) of the MSMED Act, 2006.
Legislation cited
Subjects
- MSMED Act
- Section 18(5)
- statutory time limit
- writ petition
- construction industry
- administrative law
Judgment
2026:BHC-AUG:39666-DB
wp7221-26.doc
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7221 OF 2026
M/s D. S. Construction, Through its Proprietor PETITIONER
VERSUS
The Additional Chief Secretary and Others RESPONDENTS
.......
Ms. Sakshi Ajit Kale, Advocate for the Petitioner (Through VC)
Mr. V. M. Kagne, AGP for Respondent - State
.......
[CORAM : NITIN B. SURYAWANSHI, &
ABASAHEB D. SHINDE, J. J.]
DATE : 31st AUGUST, 2026
ORDER :
1. The Petitioner has restricted the Petition to the extent of
prayer clause “C”, which is as follows :
“C. To further direct Respondent No.4 to decide the Petitioner’s
Reference / Case No.ED-2025-0005265 on its merits, in accordance
with law, strictly within the extended timeline (or the remainder of the
statutory time frame of 90 days) as stipulated under Section 18 (5) of
the MSMED Act, 2006, from the date of appointment of the Council.”
2. Since an innocuous prayer is pressed into service, the Writ
Petition is disposed of by directing Respondent No.4 to decide
the reference of the Petitioner within the statutory period of 90
days from today.
[ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ]
JUDGE JUDGE
drp/wp7221-26.doc
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