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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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