Sangita Shrikant Sonawane and Ors. vs the State of Maharashtra Thr Its Secretary and Ors. — Bombay HC (2025) — LawSathi Research

Sangita Shrikant Sonawane and Ors. vs the State of Maharashtra Thr Its Secretary and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Rule made absolute in terms of prayer clause (a) in all petitions except WP No.6501/2024; in WP No.6501 of 2024, Rule made absolute in terms of prayer clauses (a) and (b).

Issue for consideration

Whether the issues raised in these petitions are covered by the decision of this Court in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. vs. The Union of India (Writ Petition No.15228 of 2023, decided 16 June 2025), entitling the petitioners to the reliefs prayed for.

Court's answer

For the present, the decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra) holds the plea in these petitions.

Ratio / Principle

Following the decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra), the petitions are allowed: Rule is made absolute in terms of prayer clause (a) in all petitions except WP No.6501/2024, and in terms of prayer clauses (a) and (b) in WP No.6501 of 2024.

Detailed headnote1 paragraphs

Bombay High Court (M.S. Sonak & Jitendra Jain, JJ.; oral judgment per M.S. Sonak, J.), by order dated 8 July 2025, allowed six writ petitions (WP Nos. 6501, 17033 and 6497 of 2024; WP (ST) Nos. 18579 of 2025 and 6729 of 2025; and WP No. 594 of 2024) filed by, inter alios, Magna Automotive India Private Limited and Sangita Shrikant Sonawane & Ors. against the Union of India & Ors. The petitions, initially not on board, were taken up with consent as their issues were stated to be identical to those in Writ Petition No.14325/2024 disposed of the same day. Counsel for the petitioners submitted, and the State's Additional Government Pleader on instructions conceded, that the issues are covered by the co-ordinate Bench decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. vs. The Union of India (Writ Petition No.15228 of 2023, decided 16 June 2025), though the department was considering challenging that decision before the Supreme Court. Holding that the Sundyne decision 'holds the plea', the Court followed it and made the Rule absolute in terms of prayer clause (a) in all the petitions, and additionally in terms of prayer clause (b) in WP No.6501 of 2024.

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rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.6501 OF 2024 WITH WRIT PETITION NO. 17033 OF 2024 WITH WRIT PETITION NO.6497 OF 2024 WITH WRIT PETITION (ST) NO. 18579 OF 2025 WITH WRIT PETITION (ST) NO.6729 OF 2025

Magna Automotive India Private Limited Through Its Authorized Representative Abhsihek Lahoti

… Petitioner

Versus

Union of India & Ors. … Respondents

WITH

WRIT PETITION NO.594 OF 2024

Sangita Shrikant Sonawane & Ors. … Petitioners Versus Union of India & Ors. … Respondents

Mr. Bharat Raichandani a/w. Ms. Dhanistha i/b UBR Legal Advocates, for the Petitioner.

Ms. S. D. Vyas, Addl. G. P. a/w. Dr. Dhruti Kapadia, AGP, for the State.

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CORAM : M.S. Sonak & Jitendra Jain, JJ. DATED : 8 July 2025 ( ORAL JUDGMENT: (Per M. S. Sonak, J.)

Heard learned counsel for the parties.

These matters are not on board. However, learned counsel for the parties stated that the issue raised in these Petitions are similar, if not identical to the issue raised in Writ Petition No.14325/2024 which is on board and was disposed of by us today.

Therefore, with the consent of learned counsel for the parties even these petitions were taken on board for disposal.

Mr. Raichandani, learned counsel for the Petitioner submits that the issues raised in this petition are entirely covered by the decision of this Court in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. vs. The Union of India in Writ Petition No.15228 of 2023 decided on 16 June 2025 by the co-ordinate Bench of this Court. Accordingly, He submits that the Rule be made absolute in this petition by granting the petitioner the reliefs prayed for.

Ms. Vyas, on instructions, fairly states that the issues raised are indeed covered by M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra) . However, she submits that the department is in process of considering challenging this decision before the Hon’ble Supreme Court.

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For the present, the decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra) holds the plea.

Accordingly, by following the decision in M/s. Sundyne Pumps and Compressors India Pvt. Ltd. (supra) , we allow these petitions. In all these petitions except in WP No.6501/2024 Rule is made absolute in terms of prayer clause (a). In WP No.6501 of 2024 Rule is made absolute in terms of prayer clauses (a) and (b).

(Jitendra Jain, J)

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