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Bombay High Court

KAMLESH K NAIR AND ANRversusTHE STATE OF MAHARASHTRA THROU. MINISTRY OF IFINANCE AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the Minister of Finance must dispose of the pending stay application within four weeks and decide the appeal within three months, thereby granting the petitioners' relief.

Summary

The petitioners filed a writ petition seeking a mandamus directing the Maharashtra Minister of Finance to decide Appeal No. 18 of 2020 and a pending stay application concerning the execution of a 2019 award. They argued that the appeal and stay have been pending since 2020/2022, causing irreparable loss, especially after they deposited Rs 27,22,125 as bail security in a criminal case under IPC sections 406, 420 and 34. The respondent State contended that the appeal would be disposed of as per the roster, first the stay and then the appeal. The Court observed that indefinite delay cannot be presumed acceptable and that substantial justice requires prompt disposal of the stay application. Accordingly, the Court ordered the respondent to dispose of the stay application within four weeks and decide the appeal within three months, and dismissed the writ petition.

Issues considered

  • Whether the High Court can issue a mandamus directing the Minister of Finance to expedite a pending appeal and stay application.
  • Whether the indefinite delay in disposing of the stay application warrants judicial intervention.
  • Whether the petitioners are entitled to relief pending the disposal of the appeal and stay.

Legislation cited

Subjects

  • writ of mandamus
  • stay application
  • appeal pending
  • Minister of Finance
  • execution of award
  • bail security
  • substantial justice
  • delay in adjudication

Judgment

ANANT                                                                                       41.WP.75.2025 .doc
KRISHNA
NAIK
Digitally signed by
ANANT KRISHNA
NAIK
Date: 2026.09.23
10:56:44 +0530

                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        APPELLATE SIDE CIVIL JURISDICTION

                                               WRIT PETITION NO. 75 OF 2025

                      Kamlesh K Nair & Anr                                          ....Petitioners
                             V/S
                      State of Maharashtra & Ors.                                   ...Respondents

                      Mr. Prasad Avhad i/b. Mr. Kuldeep Nikam for the Petitioners.
                      Mrs. Neha S. Bhide, GP a/w. Dr. Dhruti Kapadia, AGP for the Respondent No. 1


                                             CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                     ADVAIT M. SETHNA, J.

                                             DATE    : 22nd SEPTEMBER, 2026.

                      P.C.:


                      1.      Heard learned Counsel for the Petitioners.


                      2.      The instant Writ Petition is preferred inter alia seeking the following

                      substantive reliefs:


                              “(a) This Hon'ble Court may be pleased to issue a writ of
                              mandamus or any other writ order or direction in the nature of
                              mandamus thereby directing the Hon'ble Minister of Finance, State
                              of Maharashtra to expeditiously and in a time bound manner decide
                              the Appeal No. 18 of 2020 pending before the Hon’ble Minister of
                              Finance, State of Maharashtra preferred by the present Petitioners on
                              its own merits;
                              (b) That during the pendency and final disposal of the present Writ
                              Petition, the Hon'ble Minister of Finance, State of Maharashtra may
                              kindly be directed to take the hearing of the Appeal No. 18 of 2020
                              pending before the Hon'ble Minister of Finance, State of Maharashtra
                              preferred by the present Petitioners and to hear the same on its own
                              merits expeditiously;
                              c)     That during the pendency and final disposal of the present Writ
                              Petition, the Execution Application No. 72 of 2020 pending before
                              Ld. Civil Judge, Junior Division, Pune thereby seeking execution of


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                                                                    41.WP.75.2025 .doc


       the Award dated 15/11/2019 passed by Ld. Arbitrator and Joint
       Registrar of Chits, Pune may kindly be stayed.”


3.     Mr. Avhad, the learned Counsel for Petitioners submits that the Petitioners

are aggrieved by an award of the learned Joint Registrar of Chits, Pune dated 15 th

November, 2019 against which an Appeal had been preferred in the year 2020. He

submits that the Appeal was preferred before the Respondent No. 1 alongwith the

Stay Application preferred in 2022. Since then, the same is pending for

consideration. The record indicates that in Criminal Case C. R. No. 513/2016

registered with Yerwada Police Station, Pune under Sections 406, 420 r/w. 34 of

India Penal Code, 1860 against the Petitioners, the Petitioners had deposited an

amount of Rs.27,22,125/- in the Sessions Court, Pune, as a pre-condition for

granting bail. Mr. Avhad claims that deposit of such amount would duly secure the

Respondents. He submits that in the absence of disposal of the Stay Application,

the Petitioners are suffering irreparable loss.


4.     Learned Counsel for the Respondent-State on instructions submits that in

case the Appeal is pending, all efforts would be made to dispose it, as per the

roster, by firstly disposing the Stay Application and then the Appeal, would be

disposed of expeditiously.


5.     Considering the factual situation as emerged, we observe that since the

Appeal alongwith the Stay Application is pending since 2020/2022 for indefinite

period, it cannot be presumed that in absence of stipulated time period, the Stay

Application would not be disposed of.



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                                                                    41.WP.75.2025 .doc


6.    In our view, substantial justice would be served in case the Stay Application

is disposed of. We accordingly request the Respondent No. 1, to dispose of the

Stay Application expeditiously, preferably within four weeks from date of

uploading of this Order and Appeal may also be decided within three months. The

Order shall be communicated to the Minister, by the State, through their

advocate/s.


7.    With the aforesaid observation, the Writ Petition is Disposed Of.




       [ADVAIT M. SETHNA, J.]                          [CHIEF JUSTICE]




AKN                                   3


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