Bombay High Court
PRABHAT MEDICAL STORES THR. ITS PROP. MR. BHOJA GUNDA SHETTYversusSTATE GOVERNMENT OF MAHARASHTRA FOOD AND DRUG ADMINISTRATIVE DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The court disposed of the writ petition, directing the Minister to hear the interim application on a specified date and ordering the appeal to be decided within 30 days.
Summary
M/s. Prabhat Medical Stores filed a writ petition challenging its delay in filing a statutory appeal against an order dated 24-04-2026, which became effective on 01-08-2026. The petitioner filed the appeal only on 10-07-2026, after the 90‑day period, and was criticised for wasting time despite a show‑cause notice. The State, represented by the B‑Panel counsel, indicated that the appeal could be decided within a timeline set by the court. The court, noting the petitioner's conduct, directed the Hon’ble Minister of Food and Drugs to hear the petitioner's interim application on 03-08-2026 at 11:00 a.m. and ordered that the appeal be decided within 30 days thereafter. The writ petition was subsequently disposed.
Issues considered
- What is the effect of the petitioner's delay in filing the statutory appeal on the court's jurisdiction to entertain the writ petition?
- Whether the court can direct the Hon’ble Minister to hear the petitioner's interim application and set a timeline for deciding the appeal.
Subjects
- statutory appeal
- delay
- writ petition
- interim application
- procedural default
- court discretion
Judgment
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2026.07.31
19:51:06
1 919-wp-9731-2026.odt
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9731 OF 2026
M/s. Prabhat Medical Stores … Petitioner
versus
State Government of Maharashtra & Anr. … Respondents
……
Mr.Ramesh Chandra Mishra for the Petitioner.
Mrs.Apurva Thipsay, ‘B’Panel Counsel for the Respondent -State.
…...
CORAM : RAVINDRA V. GHUGE, ACJ
&
GAUTAM A. ANKHAD, J.
DATE : 31 JULY, 2026
P.C.:
1. The Petitioner has already approached the Hon’ble Minister
by preferring a statutory appeal, purportedly filed on 10.07.2026. The
Petitioner suffered an order dated 24.04.2026. The Petitioner had 90
days with it to challenge the order, since the order was to be effective
from 01.08.2026. The Petitioner waited all the while until 10.07.2026
and then preferred the appeal. The Petitioner has wasted its time by
choice.
Trupti S. Bamne
2 919-wp-9731-2026.odt
2. The learned ‘B’ Panel Counsel for the Respondent -State
submits that the appeal would be decided within such timeline as this
Court may grant.
3. Considering the conduct of the Petitioner in wasting its own
time, despite having been issued a show cause notice and despite its
explanation having been considered before passing the order dated
24.04.2026, this Court can assist the Petitioner only to the extent of
directing the Respondent–Hon’ble Minister of the Food and Drugs
Department to hear the interim application of the Petitioner on
03.08.2026 at 11.00 a.m., when the Petitioner would visit the Office of
the Hon’ble Minister and address the Hon’ble Minister. An order on the
interim application be passed, preferably on the same day. Thereafter, the
appeal may be decided within 30 days.
4. With the above observations, this Writ Petition is disposed
off.
(GAUTAM A. ANKHAD, J.) (ACTING CHIEF JUSTICE)
Trupti S. Bamne
Checking your session…