Epigaea Developers Private Limited and Anr. vs State of Maharashtara and 2 Ors. — Bombay HC (2026) — LawSathi Research

Epigaea Developers Private Limited and Anr. vs State of Maharashtara and 2 Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw Interim Application No.7985 of 2025 with liberty to adopt appropriate proceedings in accordance with law in the changed circumstance of Respondent No.2 having passed the order; all contentions of the Applicants left open.

Issue for consideration

Whether an Interim Application filed in a Petition that already stood disposed of was maintainable — a point on which learned counsel for the Applicants could offer no basis and which the Court did not adjudicate. +1 more

Court's answer

In view of Respondent No.2 having decided the Applicants' representations on 31/10/2025, the Court held that the Applicants would have to challenge that order if they were aggrieved at all.

Ratio / Principle

Permission was granted to the Applicants to withdraw the Interim Application with liberty to adopt appropriate proceedings in accordance with law in the changed circumstance of the passing of the order by the original Respondent No.2, and the application was disposed of.

Key takeaways

All contentions raised by the Applicants in the Interim Application were left open.ratio¶25
The Court recorded that learned counsel for the Applicants could not point out how an Interim Application in a disposed of Petition was maintainable; the maintainability point was not decided.obiter¶18

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Coram Sarang V. Kotwal & Sandesh D. Patil, JJ., order dated 21 January 2026: In Interim Application No.7985 of 2025 in the already disposed of Writ Petition No.3143 of 2019, the Applicants sought enforcement of a Division Bench direction dated 20/12/2024 requiring Respondent No.2, The Inspector General of Registration and Controller of Stamps, to decide their representations for payment of interest on refunded stamp duty on or before 31/03/2025 — a timeline admittedly not met. During the hearing, the AGP informed the Court that Respondent No.2 decided those representations on 31/10/2025, with communication of the order to follow in accordance with rules. Observing that the Applicants would now have to challenge that fresh order if aggrieved, and noting that counsel could not establish how an Interim Application in a disposed of Petition was maintainable, the Court permitted withdrawal of the application with liberty to adopt appropriate proceedings in accordance with law and disposed of it, leaving all contentions open.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO.7985 OF 2025 IN

WRIT PETITION NO.3143 OF 2019

Epigaea Developers Private Limited & Anr. .... Applicants

IN THE MATTER BETWEEN : Epigaea Developers Private Limited & Anr. .... Petitioners versus The State of Maharashtra & Ors. .... Respondents …....

Ms. Veenu C. Khatri, Advocate for Applicants/Petitioners.

Mr. Himanshu Takke, AGP a/w Mr. Prashant Kamble, a/w Mr. Rakesh Pathak, AGP for State/Respondents.

CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ. DATE : 21^st JANUARY, 2026

P.C. :

This is an Interim Application in a disposed of Petition. Learned counsel for the Applicants/Petitioners submitted that the

MANUSHREE NESARIKAR

Digitally signed by MANUSHREE NESARIKAR Date: 2026.01.29 10:47:43 +0530

Division Bench of this Court vide the order dated 20/12/2024 in

the present Petition had directed the Respondent No.2 The Inspector General of Registration and Controller of Stamps, to

Nesarikar

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decide the applications/representations made by the Applicants herein for payment of interest on the refunded stamp duty on or before 31/03/2025. According to the learned counsel for the Applicants, this timeline was not adhered to and no order was passed till 31/03/2025. Therefore, the present application is filed. Learned counsel for the Applicants could not point out as to how an Interim Application in a disposed of Petition was maintainable.

However, learned AGP appearing in this case stated before the Court that The Inspector General of Registration and Controller of Stamps, has decided the Applicants' representations on 31/10/2025 and the order shall be communicated in accordance with rules to the Applicants.

Considering this situation, the Applicants will have to challenge the said order if they are aggrieved at all.

When we expressed our opinion, learned counsel for the Applicants sought permission to withdraw this application with liberty to adopt appropriate proceedings in accordance with law in

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the changed circumstance of passing of the order by the original Respondent No.2.

Permission is granted. The application is allowed to be withdrawn with such liberty and is disposed of.

All the contentions raised by the Applicants are left

open.

(SANDESH D. PATIL, J.)

(SARANG V. KOTWAL, J.)